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Council approves 'friendly' eminent‑domain resolution to secure right‑of‑way for 65th Street
Summary
Loveland City Council approved a resolution authorizing exercise of eminent‑domain authority for 65th Street to resolve a conservation‑easement barrier to a transportation connection; staff said the developer will reimburse city costs and all parties with standing support the action; vote was 8–1.
Loveland City Council voted 8–1 to authorize the exercise of eminent‑domain authority to obtain necessary property interests for construction of transportation improvements on 65th Street, after staff described the request as a cooperative ("friendly") condemnation sought by the school district and developer.
City attorney Vince explained the parcel overlaps a conservation easement that forbids impervious surfaces and that termination or condemnation of the easement is necessary for a road to be constructed. He said the school district approached the city to initiate condemnation to clear the title and facilitate a planned Sugar Creek development and that the city would not incur out‑of‑pocket costs because the developer agreed to reimburse expenses for the condemnation litigation.
During discussion, councilors expressed reservations about eminent domain as a tool but agreed that when all parties (school district, developer and city) support a project and public infrastructure is at stake, condemnation can be appropriate. A single no vote reflected a councilor’s typical reluctance to authorize condemnation absent party disagreement.
Council adopted resolution r‑112‑2024 authorizing condemnation and related actions; the motion passed by roll call 8–1.
