TELLURIDE – The Town of Telluride finally owns the Valley Floor free and clear.
Just before the close of business on Friday, Delta District Judge Charles R. Greenacre issued the final paperwork necessary to transfer ownership of the 572-acre parcel located just west of town boundaries to the Town of Telluride, which it acquired through the use of eminent domain.
The Rule and Order “ordered, adjudged and decreed” that the property “has been duly and lawfully taken and condemned” and that all right, title and interest associated with the Valley Floor – the real property, all minerals, all oil and gas rights, and all water rights – now belong to the town.
“I’m just so glad that it’s over and we can start getting the things done that we need to get done,” said Mayor Stu Fraser, referring to the conservation easement and management plan that must be put in place.
“Certainly it’s very, very exciting. There were days when a lot of people weren’t sure that this day would come,” said Jane Hickcox, director of the Valley Floor Preservation Partners. “I couldn’t be more thrilled.”
“It’s a wonderful day for Telluride,” said Town Attorney Kevin Geiger. “It’s very gratifying and satisfying to arrive at this point in Telluride’s history,” after the protracted and, at times, seemingly futile legal battle dragged on.
The court ordered in a separate document that over $53 million in funds (including interest) be disbursed to the former owner of the Valley Floor – the San Miguel Valley Corporation.
This last bit of court administration gives final closure to the Colorado Supreme Court ruling on June 2 that handed the Telluride a decisive victory in its condemnation battle.
The 6-1 ruling, awaited by the town for more than 16 uncertainty-filled months as the state’s highest court considered its decision, “Made it very clear that a home rule municipality has a very broad constitutional right of eminent domain that cannot be abridged by a state statute,” said Leslie Field, Telluride’s lead attorney in the lawsuit.
Yet despite what Field labeled as “a very strong message” from the court, the SMVC still had 14 days to file a petition for rehearing, during which time many in town waited with bated breath to learn if the corporation, which appeared mortally wounded, would gather enough strength to deal one final blow.
Yet on Monday, June 16 that deadline expired without incident.
Three days later the SMVC filed a motion and request for the Court to order the disbursement of funds along with a representation that it did not object to the San Miguel District Court entering the rule and order – the equivalent of the deed – to transfer ownership to the town, according to town attorney Kevin Geiger.
Fraser noted with irony that the town paid its title registration fee to the county with a check for $86 and two $10 bills.
“It seemed so strange that a $50 million condemnation came down to $106,” he said.