After a years-long legal battle, the Colorado Supreme Court on Monday handed Telluride control of the land known as the Valley Floor, at the town’s entrance.
In a 6-1 decision, the high court voted to uphold the right of the town to condemn about 570 acres of land for open space, parks and recreation.
“Recreational uses of the land, like cross-country skiing, walking, kayaking and the River Trail, will remain in a natural state,” said Jane Hickcox, spokesperson for the Valley Floor Preservation Partners.
The battle between Telluride and the Valley Floor’s previous owner, San Diego-based defense contractor Neal Blue, began in 1983 when Blue purchased the land. The area was scheduled for development, including construction of at least 22 8,000-square-foot homes.
In 1993, voters passed a measure to create Open Space Funds to buy the area.
In 2002, residents voted to proceed with condemnation, and in 2006, the town turned down a settlement with Blue that would have preserved 90 percent of the site.
Blue responded by filing an appeal challenging the town’s right to take the land through condemnation.
His appeal asked the Colorado Supreme Court to overturn a District Court ruling that found legislation passed in 2004 was unconstitutional.
The legislation, coined “The Telluride Amendment,” retroactively made it illegal for a home-rule municipality to condemn land outside its borders for open space.
After a Delta jury said in February 2007 that it would cost Telluride $50 million to buy the Valley Floor from Blue, residents and friends of Telluride raised nearly $25 million to match the town’s $25 million contribution.
Although Blue has 14 days to file an appeal, Telluride Mayor Stu Fraser said he is confident the high court ruling is the final say in the matter.
“It was a 6-1 ruling in our favor, so that’s a good one,” Fraser said. “And if they decide to appeal, we will fight for our right to condemnation for open space.”
Blue did not return calls for comment.
Telluride is in the process of defining the final language of a conservation easement that will direct how the property will be utilized.
The official ownership title will be transferred to the town in about two months.
“Mountain resort communities are so cramped for space, where everything is built on top of itself,” Fraser said. “Outside Telluride, there shouldn’t be that type of density.”
Anna Haislip: 303-954-1638 or ahaislip@denverpost.com
