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Council authorizes eminent‑domain authority as contingency for East 56th Avenue reconstruction
Summary
Commerce City council unanimously approved a resolution authorizing negotiation, purchase and eminent‑domain authority for property interests needed to widen and rebuild East 56th Avenue between Vasquez and Brighton/Bridal Boulevard; staff said negotiations with private property owners are ongoing and condemnation would be a last resort.
Commerce City Council unanimously approved a resolution authorizing staff to negotiate acquisitions and, if necessary, exercise the city’s eminent‑domain authority to secure property interests needed for the East 56th Avenue (East 50‑Sixth Ave) reconstruction project between Vasquez Boulevard and Brighton/Bridal Boulevard.
City staff told council the primary purpose of the resolution is to ensure the city can obtain needed right‑of‑way for a planned reconstruction that will widen the roadway and add turn lanes and pedestrian infrastructure. Staff said negotiations with property owners along the corridor (including utilities and private firms adjacent to tank farms and industrial parcels) are proceeding; the eminent‑domain authorization is a contingency the city can use if negotiations do not produce timely results.
City officials emphasized condemnation is a last resort and explained the legal requirement to offer fair market compensation if the city ultimately acquires property by eminent domain. The resolution directs the city attorney’s office and city manager to continue negotiations and use condemnation only to avoid construction delays if necessary. Council members asked about environmental‑cleanup responsibilities and were told that standard environmental reviews and remediation steps would apply if subsurface contamination is discovered as part of right‑of‑way acquisition or construction.
Vote: the council approved the resolution unanimously. Staff said the next steps are to continue negotiations with private property owners and return to council with acquisition updates; condemnation would be pursued only if negotiations failed.
Why it matters: acquiring right‑of‑way is a frequent hurdle for major roadway projects; the city said the authorization avoids a potential stop to construction if an owner declines to sell. The funded reconstruction is part of the city’s capital improvement program and is intended to improve traffic flow and safety on a heavily used industrial and commuter corridor.
