Larimer County commissioners authorize potential eminent domain, Rule 57 filing and defense in multiple federal lawsuits

The Larimer County Board of County Commissioners on March 3 authorized county attorneys to take several legal steps to keep infrastructure projects on schedule and to provide defense for county employees named in pending federal cases.

County Attorney Frank and Deputy County Attorney David Aero told the board that negotiations remain under way but that legal filings may be necessary. On the County Road 70 expansion between County Road 11 and County Road 13, Frank said the county has resolved most landowner issues but remains at an impasse with two property owners; he asked for authority "to continue negotiations and if necessary file eminent domain actions and motions for immediate possession to secure necessary right of way and easements" to keep the project on schedule. Commissioner Kafales moved the authorization; the board voted in favor.

On drainage for the new emergency services building, the board authorized county attorneys to continue negotiating with the Jackson Ditch Company and, if needed, to file a declaratory-judgment action under Colorado Rule of Civil Procedure 57. Frank summarized the dispute as one in which the ditch company requested an ongoing perpetual fee and noted that "when you have these sorts of issues with ditch companies, the law requires you to file what's called a Rule 57 declaratory judgment action if you can't resolve it."

The board also approved defense and indemnification for county officials and employees in three federal cases the county discussed in executive session. Deputy county attorney David Aero described the cases briefly and recommended that the board authorize defense for the county defendants in each matter. The board voted to indemnify and defend the county defendants in: - US District Court case No. 25‑CV‑2664‑RTG (Timothy Tika Krebs v. Lammer County Sheriff), described as a due‑process claim arising from a jail disciplinary proceeding; - US District Court case No. 25‑CV‑3041‑RTG (Erica Santino v. Lammer County), involving allegations tied to a child‑protection matter and named human services employees; and - US District Court case No. 25‑CV‑1646 (Zachary Whitner v. Lammer County Sheriff's Office), alleging civil‑rights violations stemming from a 2023 arrest.

Votes at a glance - Motion to authorize eminent‑domain filings for County Road 70 (County Road 11–13 corridor): moved by Commissioner Kafales; passed by the board. - Motion to authorize Rule 57 declaratory action against Jackson Ditch Company if negotiations fail: moved by Commissioner Kristen Stevens; passed by the board. - Motions to defend and indemnify county defendants in three federal lawsuits (case numbers above): individual motions moved and passed; board authorization granted.

The board did not provide an estimated timeline for potential filings or the fiscal impact of litigation and eminent‑domain proceedings during the public session. County attorneys said they remain hopeful some matters can be resolved through negotiation but sought authorization to file court actions if necessary. The board adjourned at 10:59 a.m.