Eminent Domain Attorneys in Colorado

It is our pledge to provide a free case review for any individual or business facing eminent domain in Colorado.

Colorado Condemnation Attorneys

At Sever Walker Padgitt, our mission is to hold state, federal, local, and utility condemnors accountable to the landowners whose property they seek to acquire. Our entire firm is built around one purpose: serving landowners facing condemnation and eminent domain actions. If you received a condemnation notice in Colorado, don’t tackle it alone. Hire an experienced eminent domain attorney to guide you through the process and protect your property rights.

We serve landowners throughout the state, including major metro areas like Denver, Colorado Springs, Fort Collins, Boulder, and Aurora. Whether your property is rural acreage, a commercial facility, or a family home, Sever Walker Padgitt will fight to ensure your rights are upheld and you receive fair compensation.

What Are Your Rights Regarding Eminent Domain in Colorado?

Eminent domain in Colorado refers to the government’s legal authority to take private property for public use, as long as it provides just compensation. This power is often exercised to build roads, bridges, schools, utilities, or public infrastructure.

Unfortunately, landowners are frequently undercompensated, or worse, left confused by the legal jargon and pressured into accepting unfair offers. Colorado eminent domain proceedings must follow a strict set of rules to be lawful.

Public Use

Colorado law requires that condemning authorities:

  • Notify landowners in writing before taking legal action.
  • Demonstrate that the taking is for a valid public use.
  • Provide a reasonable opportunity to negotiate.
  • Offer fair market value based on a valid appraisal.

Public use projects may include highway expansions, railways, flood control, utility corridors, or even redevelopment efforts. In cases like Toll v. City and County of Denver, courts have affirmed the need for genuine public benefit. However, other cases, like Carousel Farms Metropolitan District v. Woodcrest Homes, Inc., have shown the complexity of situations where private developers stand to benefit.

Just Compensation

Fair compensation must consider not just land value but also relocation costs, lost business income, severance damages, and other economic impacts. Our Colorado-licensed eminent domain lawyers work with appraisers and financial experts to present a full picture of the compensation you deserve.

The Condemnation Litigation Process in Colorado

When the government sends you notice that they’re taking your land, you might feel shocked or helpless. But there are things you can do in this situation, and the more quickly you react, the more likely you’ll be to get a favorable outcome. Here’s how to handle an eminent domain notice in Colorado.

Hire an Eminent Domain Attorney

Most landowners don’t have a background in Colorado eminent domain law—and you don’t need one. What you need is the right legal team in your corner. Hiring a qualified eminent domain attorney familiar with Colorado lawensures you have someone who can walk you through every step of the condemnation process, advocate for your interests, and protect your rights throughout the case.

Learn About Your Rights as a Colorado Landowner

It’s easy to feel powerless after receiving a condemnation notice, but you have rights. An eminent domain attorney can explain your legal protections and help you understand what constitutes public use, how just compensation is determined, and when you can legally challenge the taking. Educating yourself early in the process can significantly improve your outcome.

Negotiate with the Help of a Lawyer

You are allowed to negotiate with the government—but doing so without legal support is risky. A condemnation attorney can help identify undervalued appraisals, improper relocation offers, or procedural errors that may impact your compensation. Eminent domain law includes complex timelines, evidentiary rules, and statutory procedures that a seasoned attorney can navigate on your behalf.

Wait for a Resolution

Once you’ve hired the right eminent domain lawyer and taken steps to assert your rights, the pressure is no longer solely on you. Let your legal team handle negotiations, litigation, and communications with the condemning authority.

Once you receive a notice of intent, the process typically follows these stages:

  1. Initial Offer: The government presents a compensation amount.
  2. Valuation & Counter: Your attorney obtains an independent appraisal.
  3. Negotiation: We challenge lowball offers and push for a higher amount.
  4. Filing: If no agreement is reached, the government files a condemnation petition.
  5. Litigation: Both sides present evidence in court; most cases settle before trial.

In Town of Telluride v. San Miguel Valley Corp., the courts upheld the city’s attempt to take private land for open space. However, they agreed that the land’s value was almost double the city’s last offer, and awarded attorneys’ fees of $2.8 million. Our firm uses these precedents to argue aggressively for our clients’ rights.

Should You Fight Your Colorado Eminent Domain Case?

When faced with an eminent domain case, it’s important to remember you have rights. Consulting an experienced eminent domain attorney can help you push back against lowball offers and improper takings.

Call 888-318-3761 or fill out our form for a free case review.

Common Examples of Eminent Domain Takings in Colorado

Utility Easements

Utility companies may seek permanent or temporary easements to install or maintain infrastructure. This often includes pipelines, power lines, access roads, or substations. In many cases, easements affect property value significantly, and landowners are not fairly compensated. Sever Walker Padgitt helps ensure all aspects of loss are accounted for.

Road Construction

Colorado’s growing infrastructure needs have led to an increase in road expansions and highway projects. These often involve full or partial land takings. If your home, business, or access point is affected, your property and compensation rights must be protected.

Public Buildings and Parks

Municipalities may use eminent domain for public facilities like fire stations, schools, or recreation centers. While these are community projects, they must still meet the requirements of public use, and the landowner must receive just compensation.

Water Projects

The state may take land for reservoirs, dams, and water pipelines. These projects often involve complex land use and environmental issues, which our attorneys understand and handle regularly.

What Other Coloradans Say About Sever Walker Padgitt

Choosing the right attorney for your Colorado eminent domain case is critical, and hearing directly from clients we’ve helped can provide valuable insight. See how our eminent domain attorneys have stood up for property owners’ rights and secured the compensation they deserved.

Case Results

Our eminent domain attorneys have helped secure millions of dollars in additional compensation for landowners throughout the United States, including in Colorado. 

State: Indiana (Marion County)

Case Type: Road projects

Initial Offer: $46,160

Sever Walker Padgitt Result:

$2,400,000

State: Indiana (Johnson County)

Case Type: Road projects

Initial Offer: $301,200

Sever Walker Padgitt Result:

$3,800,000

State: Indiana (Vigo County)

Case Type: Road projects

Initial Offer: $1,186,000

Sever Walker Padgitt Result:

$4,475,000

State: Indiana (Hamilton County)

Case Type: Road projects

Initial Offer: $79,200

Sever Walker Padgitt Result:

$3,000,000

State: Georgia (Union County)

Case Type: Road projects

Initial Offer: $454,250

Sever Walker Padgitt Result:

$1,500,000

State: Illinois, Sangamon County

Case Type: Road projects

Initial Offer: $125,600

Sever Walker Padgitt Result:

$1,191,950

View All Case Results

Frequently Asked Questions

What Is Just Compensation for Eminent Domain in Colorado?

The government must give just compensation in exchange for the land it takes. But what qualifies as “just?” According to Colorado law, a fair offer is equal to or above the land’s market value. 

However, the compensation can also include damages for loss of value for the remaining land (called severance damages), relocation expenses, and business losses. If your property has unique features or income-producing potential, make sure it’s accurately valued.

If the government does not offer just compensation, a landowner can get help from a lawyer and appraiser to get the compensation they deserve.

Whether you’re moving a home, business, farm, warehouse, or retail space, it costs money to relocate to a new property. Condemnors are legally required to consider this cost and incorporate it into their monetary compensation for the land. But sometimes, landowners don’t get the relocation benefits they deserve, and it takes an attorney negotiating to get an adequate offer from the government.

The government can still initiate condemnation proceedings. Therefore, refusing to accept a low offer and hiring legal counsel often leads to better outcomes. With an experienced attorney, you may be able to significantly increase the compensation offered.

Yes. Business owners may be entitled to additional forms of compensation beyond the land’s value. This can include lost profits, loss of access, goodwill, relocation expenses, and interruption to business operations—critical considerations in Colorado eminent domain cases involving retail, agricultural, or industrial land.

In many Colorado cases, yes. Under Colorado law, if the final award exceeds the government’s initial offer by a specific percentage, the landowner may be entitled to recover attorney fees and other litigation costs. This helps level the playing field and ensure fairness.

The government must demonstrate a legitimate public use, follow due process, and offer just compensation. “Public use” includes roads, schools, and public utilities—but taking land to benefit a private developer can be challenged. This was highlighted in the Carousel Farms and Englewood cases, where courts examined whether the project truly served the public interest.

The duration of an eminent domain case varies greatly depending on the situation. Some cases could take just a couple of months, and others could go on for 12 months or more. So, how long should you anticipate your case taking?

The case’s timing depends on the type of land being taken, the reason for taking the land, and the landowner’s response to the initial offer. Usually, cases that require litigation last longer than those that don’t.

While it’s very rare for eminent domain to be stopped in Colorado, it is sometimes possible. This could occur if a skilled attorney can show that the government didn’t follow the law in some aspect of the condemnation process. But in most eminent domain cases, the attorney focuses on getting the landowner greater compensation.

Meet Our Team

Sever Walker Padgitt Team Photo

At Sever Walker Padgitt, we take pride in our expertise and dedication. With over 50 years of combined experience, our entire firm is built around serving you—the landowner who is facing eminent domain or condemnation.

Get to know the faces behind the firm and discover the depth of knowledge and commitment that drives us to achieve the best possible outcomes for you.

How Sever Walker Padgitt Can Help You

If you’ve received a condemnation notice or suspect your land is under review for acquisition, time is of the essence. Contact Sever Walker Padgitt today to schedule your free consultation with a dedicated Colorado eminent domain attorney landowners trust.

Contact Us

Let us share our expertise before you take this case on by yourself. We pledge to provide a free case review for any individual or business facing eminent domain or condemnation.

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