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Proposed Miller Downs metropolitan district seeks narrow eminent‑domain power; council members ask for more details

August 25, 2025 | Colorado Springs City, El Paso County, Colorado


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Proposed Miller Downs metropolitan district seeks narrow eminent‑domain power; council members ask for more details
City planning staff introduced a request to form the Miller Downs Metropolitan District during the Aug. 25 work session, saying the district would cover about 19 acres northwest of the Dublin Boulevard–Mark Sheffel Road intersection and is anticipated to finance roughly 110 housing units and public infrastructure.

The district’s service plan includes a request for narrowly defined eminent‑domain authority limited to two parcels identified in nearby Quailbrush Creek plats as future roadway reservations. Planner Allison Stocker told council that state statute allows a special district to request eminent‑domain power but that the city’s model service plan requires explicit city‑council permission for such authority.

Multiple council members pressed for more detail. Councilman Donaldson asked who owns the parcels and whether the eminent‑domain authority, if granted, would be for permanent conveyance; Stocker replied the parcels are owned by two entities (one a neighboring metropolitan district and one an LLC) and that the proposed language would permit permanent acquisition only if necessary for access.

Councilmembers said they wanted more information on prior plats and notice to existing homeowners. City staff and the district’s attorney said the two parcels were shown as reserved for future right of way on the Quailbrush Creek plats recorded in 2015 and 2017, and that at least one adjacent owner (Woodman Heights Metropolitan District) had been negotiating cooperatively. The district’s counsel said negotiations with the other parcel owner had not reached agreement and that the eminent‑domain provision was a narrowly tailored backstop; he said statutory protections, independent appraisals and payment of fair‑market value would apply if condemnation occurred.

Councilors requested additional materials before a formal decision: a clearer map of the right‑of‑way connections and evidence of negotiation history and offers made to the parcel owners. Planning staff noted the annexation for the site will return to council and that formation of the metropolitan district cannot proceed until annexation is complete.

Ending: Council did not take action at the work session. Members signaled willingness to consider the service plan after receiving more detailed exhibits on plats, traffic implications and the status of negotiations with parcel owners.

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