Forest View Co. v. Town of Monument.
2020 CO 52. No. 18SC793. Eminent Domain— Property—Condemnation—Restrictive Covenants—Takings.
June 8, 2020
The Supreme Court reviewed whether the Court of Appeals erred in determining that a restrictive covenant was not a compensable property interest for neighboring landowners in an eminent domain proceeding. In so doing, the Court concluded that its decision in Smith v. Clifton Sanitation District, 300 P.2d 548 (Colo. 1956), was not limited to its particular facts, but instead established a broad rule under which neighboring property owners are not entitled to compensation under the Colorado Constitution when a government entity uses land it acquires in a manner that is violative of a restrictive covenant.
Accordingly, the Court of Appeals’ judgment was affirmed.
Eminent Domain, Property, Condemnation, Restrictive Covenants, Takings