The city of Black Hawk was ordered late Tuesday to pay nearly $5 million to two elderly widows whose land it condemned to extend its Main Street to Colorado 119, creating a new “gateway” into the town.
Gilpin County District Judge Fred Rodgers’ ruling came four months after a commission of experts that he appointed said Pearl Yonkers, 84, and a friend should receive $4,999,700 for the 4.2-acre streamside patch of land that she and her late husband, Meredith, bought in the 1970s.
But the city balked at making the payment. And the state of Colorado said it was entitled to most of the money.
The city claimed the commission failed to take into consideration its argument that Yonkers’ property was part of the right of way of Colorado 119 acquired by the state decades earlier. It also said it was abandoning its claim to part of the property. It requested a new commission to determine a new figure to be paid to Yonkers and Lois Tarbox, 75, who owns 20 percent of the property.
But the judge denied all the requests by Black Hawk and the state.
Rodgers said the commission acted appropriately, taking testimony from Oct. 24 to Nov. 2. During that time, it heard from about 20 witnesses and then deliberated for two days before making the decision.
The judge rejected the claims that the commission failed to follow his order that it consider the right of way claims made by both Black Hawk and the Colorado Department of Transportation.
“As juries are presumed to follow instructions of the court on applicable law, so too are boards of commissioners hearing eminent-domain controversies,” Rodgers said. “The law presumes that (they) have followed the court’s instructions and have discharged their duties faithfully.”
He stressed that to delay a decision on the controversy, given the age of Yonkers and Tarbox, would be a disservice.
“The respondents (Yonkers and Tarbox) in this case are over the age of 70, and under (state law), the case is subject to an accelerated scheduling as a matter of legislative priority,” Rodgers said.
In strong terms, Rodgers rejected the state’s claim that it should be given any of the money.
“The pleadings demonstrate that CDOT has consistently maintained throughout this case that it has none of its interests in Highway 119 condemned, that it had no claim to compensation and that it would present no evidence of damage to its interest,” the judge said.
The parcel of land was special because it not only is located next to North Clear Creek but was at the very end of town, closest to Denver.
Yonkers told The Denver Post that the land was “really the gateway into Black Hawk.”
The fact that the land was a “gateway” wasn’t lost on Black Hawk.
In September 2004, the city condemned the land to extend its Main Street through the property and connect it with a new bridge to Colorado 119.
Soon after, almost all of Yonkers’ property was consumed to widen the highway, move the river and extend Main Street.
“We’re delighted with the court’s ruling,” said Bruce Smith, the lawyer for Yonkers and Tarbox. “We believe that the court accurately saw that the city and CDOT were improperly attempting to circumvent the award of the commission.”
Smith said he expects Black Hawk to appeal to the Colorado Court of Appeals.
Staff writer Howard Pankratz can be reached at 303-820-1939 or hpankratz@denverpost.com.
