Institute for Justice: Woodcrest Homes Petition to the U.S. Supreme Court
Colorado Supreme Court Decision Upholding Use of Eminent Domain for the Benefit of a Private Party Violates the Fifth Amendment.
The Institute for Justice, a public interest law firm, has asked the U.S. Supreme Court to review a Colorado law which allows private developers to form “special municipal districts” and use eminent domain to take private property for the benefit of another private party.
In this case, Century Communities, a private developer in Parker, Colorado, created a special municipal district, the Carousel Farms Metropolitan District--which was run by its employees--and condemned adjoining land owned by Woodcrest Homes.
The taking and Colorado law that allows such use of eminent domain was upheld by the Colorado Supreme Court. The Institute for Justice petition argues that the Colorado law violates the U.S. Supreme Court's holding in Kelo vs. The City of New London (Connecticut), and that clarification of Kelo is needed because it has been applied differently in various jurisdictions.