FLOOD02324

• Designation Number: 32
• County: Adams
• Community: Federal Heights
• Basin: South Platte
• Title: Water and Drainage at Niver Creek, Phases 1 and 2: Cities of Federal Heights and Thornton, Colorado
• Date: 2/1/1974
• Designation Date: 6/1/1974
• Floodplain - Doc Type: Floodplain Report/Masterplan

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STITT. WITTEN BRINK AND ROAN. P. C.

....TTO..NEV. AT L...W

2325 WERT "72ND AVENUE

DENVER, COLORACO 80221

F>HIL.IP F". "OAN
JAMES R. STITT
... J. WITTENBAINK

August 1, 1973

TEL.EF>HONE
428-B!528
AREA COOE 303

JAMES E. MONNIG
STUART L.. SOUL TER
PAUL F". G~SGOW

Mr. Eric Will
Chief Planning Engineer
Engineering Consultants,
1901 South Navajo Street
Denver, Colorado 80233

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Re: Niver Creek Lega . Supplement
Your File 1132/3
DG 771/73

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Inc.

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Dear Mr, Will:

It occurs to me that I should, in the interests of being comprehensive,
discuss the problem of the District being accused of taking or damag-
ing private property without compensation to the owners. This is in
violation of Article 2, Section 15 of the Constitution which provides
as follows:

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"Private property shall not be taken or damaged.
for public or private use, without just compensation. "

The foregoing provision was applied against the public body in the cases
of Logan County vs. Adler. 69 Colo. 290, 194 P. 621 and in San Luis
Valley Irrigation District vs. Noffsinger, 85 Colo 202. 274 P. 827.

In the Noffsinger case the plaintiff was complaining that the District
had constructed a drainage ditch across his land and had seized and
destroyed land of value. The Supreme Court upheld the trial court 's
finding in favor of No ffsinger and against the District and said:

"That section (Section 15, Art. 2 of the State
Constitution) is a part of our Bill of Rights.
It marks the boundary beyond which the people
have forbidden their lawmakers to pass, and.
by the same token, have commanded their

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