Bad Manuever ; Eminent Domain Measure Misses the Mark

Summary

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You won't find a more pro-private property, anti-eminent-domain- abuse editorial page in the land than this one. So, we can hardly be accused of conspiring with the "land-grabbers" if we voice opposition to a bill before the Legislature, HB-1069, that attempts to bar the Army from using eminent domain for any future expansion of the Pion Canyon Maneuver Site in southern Colorado.

We say "attempts" because the use of eminent domain for a government "taking" is sanctioned by the 5th Amendment and by ample legal precedent, as long as just compensation is paid and it's for a "public use." The bill is almost certainly unconstitutional, therefore, and will succeed only in tying the federal court system in more knots.

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Extract

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Bad Manuever ; Eminent Domain Measure Misses the Mark

It could also be construed outside the state as being anti- military, which Colorado isn't. Maintaining military readiness requires that we set aside adequate training areas for our armed forces. And an inability to adapt Fort Carson to meet future miss...

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