Golden – The city of Golden’s attempt to seize the land from under a local TV consortium’s proposed broadcast tower has been dropped.
The City Council voted unanimously last week to put an end to its eminent domain case, filed last April.
City officials sought to condemn the 65-acre site on Lookout Mountain so the land could be preserved as open space, offering $1.7 million for the land.
“It made sense to dismiss the condemnation at this point,” said Golden City Manager Mike Bestor.
Lake Cedar Group – a consortium of local channels 4, 7, 9 and 20 – filed motions Thursday in Jefferson County District Court to dismiss the eminent domain case, as well as a rezoning challenge that also was initiated by Golden.
Jefferson County and city officials are weighing legal options on the tower rezoning case. Golden has 14 days from the filing date to respond.
In the motion, Lake Cedar officials argue that a bill passed by Congress and signed by President Bush late last year pre-empts the county’s land-use laws, removes the issue from the court’s jurisdiction and authorizes construction.
The bill was sponsored by Sen. Wayne Allard, R-Colo., and co-sponsored by Sen. Ken Salazar, D-Colo. It allows anyone who holds an approved Federal Communication Commission permit to build a tower or install an antenna on Lookout Mountain for digital TV broadcasts.
The senators said they decided to intervene so the Denver area will meet the FCC’s 2009 deadline to provide digital signals to residents who rely on free television.
Lake Cedar Group on Friday placed earth-moving equipment on the site for the 730-foot-high tower that will replace three major TV towers.
“The next step (in construction) is erosion control,” said Marv Rockford, spokesman for Lake Cedar Group. The work is being done under a state permit.
Rockford said the consortium plans to “keep the promises we made” during eight years of pursuing the rezoning.
County Commissioner Kevin McCasky said, “We want Lake Cedar to adhere to the 2003 zoning decision” that was challenged and remanded back to the board last May for a final decision.
McCasky said the county also is concerned that the federal law could lead to the proliferation of towers on Lookout Mountain.
Staff writer Ann Schrader can be reached at 303-278-3217 or aschrader@denverpost.com.
