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Minority Interests, Majority Politics: A Comment on Richard Collins’ 'Telluride’s Tale of Eminent Domain, Home Rule, and Retroactivity'

17 Pages Posted: 12 Jul 2009 Last revised: 23 Sep 2009

Ashira Ostrow

Hofstra University - Maurice A. Deane School of Law

Date Written: July 9, 2009

Abstract

In his article, Telluride’s Tale of Eminent Domain, Home Rule, and Retroactivity, Professor Richard Collins skillfully parses many of the unique legal issues that confronted the Colorado Supreme Court in Town of Telluride v. San Miguel Valley Corp. In Town of Telluride the court affirmed Telluride's right to condemn and preserve for open space almost 600 acres of land located outside its geographic boundaries. This Comment, written as part of a Home Rule Symposium, expands on Professor Collins’ article, first, by framing Telluride’s tale of extraterritorial eminent domain through the lens of public choice theory, and, second, by arguing that extraterritorial condemnation, wherein a local government condemns land outside of its own geographic boundaries, necessarily implicates extra-local concerns. I conclude that a state perspective, though subject to its own political process failures, is better able to balance the inter-local and statewide interests at stake in cases of extraterritorial eminent domain.

Keywords: Home Rule, Local Government, Property, Eminent Domain, Takings, Open Space, Land Use

Suggested Citation

Ostrow, Ashira, Minority Interests, Majority Politics: A Comment on Richard Collins’ 'Telluride’s Tale of Eminent Domain, Home Rule, and Retroactivity' (July 9, 2009). Denver University Law Review, No. 86, 2009; Hofstra Univ. Legal Studies Research Paper No. 09-16. Available at SSRN: https://ssrn.com/abstract=1432020

Ashira Ostrow (Contact Author)

Hofstra University - Maurice A. Deane School of Law ( email )

121 Hofstra University
Hempstead, NY 11549
United States

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