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<br />
<br />House clears
<br />state land
<br />condemnation
<br />
<br />H)" IW11.-\lm .f. S('If~.:II)ER
<br />Ro~ky Mountain N""", Writer
<br />De:pit€' imp~sioned objections that
<br />it would (k'5troy l'ural Colorado, the
<br />Colorarlo lIou!'C' WNlnesday voted pre--
<br />liminary approval to a bill giving the
<br />stHte the po.....er to condemn land and
<br />water {OI' park~ and recreation use.
<br />A finnl Hou.~1' vote L'l t'xprocled Th\1M.day.
<br />The bill. ~ponsorl'd by Rep. Donald r"'ried-
<br />man, R-Denver, would allow the Dhiskm of
<br />Parks and Outdoor Re<'l't"ation to ('ondemn
<br />land, with apIlroval !rom the legislature, for
<br />parks or outdoor re-creation Uses. Water rights
<br />could Ix> condemnffi without 3FProval from the
<br />Gent'ral,\;::sembly.
<br />CUrrel1'lly the state mlL'lt enter nl'gotlatlons
<br />with landowners In often-frustrated aUempt8 to
<br />buy parkland. Under the Friedman bili, the
<br />state would still start with negotiatiol19 but, U
<br />an agrreable pnl'e can't be reached tho land
<br />could be condemnro and a court would set a
<br />pril"e based on the h[air market value" of t.le
<br />land.
<br />Supporters of the bill said the condemnation
<br />power is needed to provide parks near metro-
<br />politan areas, Opponents, mostly rurallegisla-
<br />tors, argued that the bill \l,ol.l1d take land from
<br />farmers and ranchers and ultimately destroy
<br />agrlculturt",
<br />l'OU:\GU;:..'1) on.n:crs
<br />"You're not going to rec<:'limlze what's ",'1"On~
<br />until )"Ou're going hungry," said Rep. Walt
<br />Younglund, n.~ew Raymer.
<br />Youngland, a rancher, said the bill ?'Quld be
<br />the "rape of rnral Colorado,"
<br />Friedman, ho'w"ever. said the state won't In-
<br />vade rural areas and turn farmland Into parks.
<br />lIe noted that the Legislature would have to ap-
<br />pro..'e any park Ill.an, Friedman cited three
<br />prime examples of why he thinks the bill was
<br />needed - the ple<<>meal acquisition of Golden
<br />Gate State Park, the proposed Roxborough
<br />Park, and the proposed Barr Lake park.
<br />Golden Gate w('st of Golden had to be pur-
<br />chased bit by bit at \'arying prkes, ~ said.
<br />Slate records shcM' the park consists 0( 18 sepa.
<br />rate parcels, the priCE'S of which ranged from
<br />$.2.50 to $390 an acre. There are still sectioos of
<br />the park In private O\.\Tlership.
<br />Friedman said Barr Lake, in Adams County
<br />and Roxhomu<:h Park south of Littleton art!
<br />examples of how the price for the land lnl"reas-
<br />ed OI'K'I' the state announced purchase plans.
<br />lIe said the law wook! have little effect on
<br />Nral Colorado and its ~at~ impact WQuld
<br />be in the urban area.'l where the land comes in
<br />smalltrnrt.<;withh;..h.......-
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<br />RL:LEn OUT OF O"P'I)f:'lin_.
<br />Another Mira! Il'gjslator, Rep. Lowen S0n.-
<br />nenberg, R~FJeming, said landowners should
<br />be able to sell their land to whome\'er they want
<br />and for whate\'er price the)' can get for It.
<br />He tried to amend the bill to pennit the state
<br />to lease parkland and strip the bill of Its con-
<br />demnation f.lIJ'.\'ers, but the proposal was ruled
<br />out of order because it slgnUicantly changed
<br />the meaning of the bill.
<br />The legislature did ado{>t an amendm('nt
<br />proposed by Rep. Carl Showalter, R..(;reeley, to
<br />make the state pay Ihe landowner's attorney's
<br />ff"eS in some Instances jf the condemnation
<br />take<l place.
<br />The f&'8 vmold be paId only If the court~
<br />ordered price of the land exceeded the last
<br />offer made by the state before the condemna-
<br />tion.
<br />{ Rep, Michael Strang, R.Qlrbondalc, said he
<br />opposed the philosophy of eminent domain be--
<br />cau...... the urban legislaton CfJUldn't understand
<br />what O\\l'lershlp of land meant 10 farmers and
<br />ranchers.
<br />He said the land is the foundation of their
<br />lhelihood and to lake It away from them
<br />through condemnation would be a "tragedy."
<br />(O)lI<'I1Il"'.lon )':.Ig611)
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<br />hl(hw"'~' l>ur(l'O"'i'''' roc ,.,....... ..."'.. "'-'" ...- _.....
<br />House clears land condemnation
<br />(C'.flnUlluf"d from 1'1\I:f" lij wuuld hs,,'e I'ren'nted the !/tate
<br />The Western Slope lawmaker from buying: or leasing water ll!
<br />was even more worried about it currently ('an do.
<br />'\., ~Iving the s1:ate connemnatlon Rrp. Morgan Smith, J).Brigh-
<br />powers for water. He wanted to ton s..\ld thE' water right con-
<br />postpone al"Uon 01"1 the bill and der;'nation had to go hand In
<br />separate the l~ and water hand with !hI' land rondemna-
<br />provisi1lns. but hiS motion was lion.
<br />rejected. d the bill to Otherwise, he said, the !'ta\e
<br />Attempt.<; to a!11en woold obtain O\Hlcrship of land
<br />remo\e water rlght cond('mn3~ h !J.lo r ed to pay "cxhorbl-
<br />tion w('re .ruutile bec~'"l"~ o~lnlhk: :a~~' prl~;~' for the water rights
<br />.....ay th(' bl was wn ,,- ,,> 10 h rks
<br />ing any reference to water ri~hts nN,essary to de\-e III I' pa .
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