Adams County commissioners grant one-week continuance for Magellan pipeline hearing after landowner objections

Nick Eagleson, a planner with Adams County Community and Economic Development, told the Board of County Commissioners on Sept. 16 that Magellan Pipeline Company had requested a one-week continuance of the conditional-use hearing for its pipeline expansion case, RCU2024-46.

The continuance request sought to move the county hearing from Sept. 30 to Oct. 7 to allow the applicant additional time to address issues raised at an earlier hearing, continue negotiations with landowners in Aurora and unincorporated Adams County, and finalize a development agreement with county staff. The applicant also said it expected representatives from Denver International Airport and the City and County of Denver to attend the next hearing.

The request drew three public comments from landowners and counsel who said the continuance could be an attempt to pressure a court handling a condemnation action. Attorneys for the landowners stated a Colorado court scheduled an immediate-possession hearing for Oct. 3 in a separate condemnation proceeding, and argued granting a continuance could allow Magellan to seek possession before the county reaches its decision. Landowners also asked the board to deny the continuance and argued Magellan had not negotiated in good faith with affected property owners.

Jason Brinkley, counsel for Magellan Pipeline Company, told the board the continuance was sought for calendar efficiencies and to avoid multiple appearances by experts and staff if the county hearing were to be rescheduled. Brinkley said Magellan had reached agreement with one of two objecting landowners and was continuing discussions with the other.

After questions from commissioners and explanations from county staff about the limited scope of the Sept. 16 agenda item (the meeting considered only whether to grant the continuance, not the project merits), Commissioner Oderisio moved to continue the hearing to Oct. 7; Commissioner Henson seconded. The board approved the continuance 3-0 with two commissioners absent.

The county attorney clarified that immediate-possession hearings are typically decided the same day unless the court takes matters under advisement. County staff said they had sent notice of the continuance request to individuals who had attended the Aug. 19 hearing and to property owners within the notification area.

The continuance means the substantive land-use hearing on RCU2024-46 will be heard by the commissioners on Oct. 7. The county maintained that the Sept. 16 action did not address the merits of the pipeline permit application and that public comment at the Sept. 16 meeting was limited to whether to grant the continuance.