In Colorado, urban renewal authorities like DURA have the ability to acquire private property through eminent domain (condemnation) and resell it to another private party for redevelopment. This tool is used to assemble private property for the sole purpose of accomplishing a public purpose—the elimination of blight through redevelopment. If condemnation is used, a private property owner must be justly compensated for their property, meaning they must be paid fair market value for the property.
Eminent domain is a tool used by urban renewal authorities to assemble private property for the purpose of accomplishing a redevelopment project. While eminent domain also is used by other state and local entities for various purposes, this section deals only with eminent domain as an urban renewal tool.
Colorado state statute requires that unless a property has been abandoned or the landowner agrees to the use of eminent domain, the landowner must be given the opportunity to participate in the development of a property that has been found blighted and in need of redevelopment by the city and urban renewal authority. In cases where agreement is not reached with the landowner to participate, DURA works to reach a fair and equitable purchase price for the property. However, in those cases where the parties cannot agree on the fair market price, eminent domain may be used by DURA. If eminent domain is used and DURA intends to transfer the property to a private party to achieve the public purpose, DURA must:
Yes. An urban renewal authority may only use eminent domain to acquire property after an area has been declared blighted. State law spells out 11 factors of blight, and requires that five of those factors must be found in cases in which eminent domain is used—one more factor than must be found if eminent domain is not used.
State statute requires urban renewal authorities like DURA to provide relocation assistance to residence or businesses who are displaced by redevelopment activities. DURA's relocation policy compensates residences, business owners, and tenants for many of the costs involved in relocating their residence or business. Reasonable moving and re-establishment expenses also are provided.
If your business is condemned, you are eligible to receive relocation and moving expenses. DURA has adopted a relocation assistance policy patterned after federal rules that covers the following:
Yes. It may be necessary at times to use eminent domain to acquire homes, but the law also protects homeowners displaced in this manner. A homeowner must be compensated for the fair market value of his or her property. In addition, DURA and other redevelopment agencies must provide relocation benefits.
The Denver Urban Renewal Authority (DURA) offers language translation by utilizing Google's free translation service. While it's common to find some imperfections in these translations, the service provides easy access to translation in several different languages at no expense. If you have any specific questions or would like to speak with someone in Spanish, please contact DURA at 303-534-3872.