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Commission to consider condemnation authorization after landowner rejects CDOT offers for US‑160 Elmer's East safety project
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Summary
CDOT Region 5 asked the commission to authorize condemnation proceedings for parcels needed on US‑160 near Durango after negotiations stalled; the project includes highway widening, a safety roundabout and wildlife mitigation for an endangered mouse species, with a final offer to owners made in February.
CDOT Region 5 staff told the Transportation Commission that they plan to ask for authority to initiate condemnation if they cannot reach an agreement with a landowner whose property is required for the US‑160 Elmer's East safety and widening project.
Julie Constant, Region 5 transportation director, described the project as a roughly six‑mile safety and widening effort between Durango and Bayfield that received INFRA grant funds in 2024 and now stands at about $110 million. The project will widen key sections, add passing lanes and a roundabout at County Road 225/160, install wildlife fencing and construct underpasses to reduce wildlife‑vehicle collisions.
Keith Stefanik outlined right‑of‑way needs and negotiations. CDOT issued a notice of intent to acquire on July 16, 2025, obtained a valuation for the needed parcels and made a first offer in December 2025 of about $178,000 (valuation basis). The owner countered below that level and later demanded that CDOT purchase the entire 61‑acre remainder for roughly $4 million, a figure CDOT said exceeds what it needs for the project. After continued talks, CDOT issued a written final offer on Feb. 27, 2026 for roughly $400,000 to cover the needed parcels; staff said they have not received a response since.
Stefanik explained federal mitigation requirements tied to the New Mexico meadow jumping mouse habitat in the area, saying the agency needs a wildlife habitat easement adjacent to the disturbed bridge work and has coordinated with U.S. Fish and Wildlife on mitigation approaches.
"We are far in disagreement with the property owner," Stefanik told the commission, and staff said tomorrow they will request a resolution to initiate condemnation proceedings. They said the committee hopes authority to start condemnation will prompt a settlement prior to any court filing.
If the commission approves the resolution, CDOT staff said they will continue to seek a negotiated outcome but are prepared to pursue legal acquisition to keep the schedule that the INFRA grant requires for contractor selection and fund encumbrance by September 2027.
Next steps: the commission is scheduled to consider a condemnation‑authorization resolution at the next business meeting.
