City Wants To Condemn Lake To Build Wal-Mart
Supreme Court To Decide Fate Of Arvada Lake
POSTED: 7:26 a.m. MST November 17, 2003
UPDATED: 7:53 a.m. MST November 17, 2003
ARVADA, Colo. -- The Colorado Supreme Court is deciding the fate of a pristine Arvada lake, and that will decide if a Super Wal-Mart will be built over part of it.
The city of Arvada wants to fill a dark empty building near 52nd and Wadsworth and so far Super Wal-Mart is the only business that has shown interest. But the store said it's not coming unless it can use 2 acres of the nearby lake for its parking lot.
Roughly 800 residents around the area have signed petitions to stop their city government from condemning the lake.
"You want to ruin our community for the dollar and it is never enough, it is always more, more more," said concerned resident Robin Stephenson. "What is it going to do to the community as far as traffic, congestion? ... There are issues of draining the whole lake which would kill out all the wildlife."
City Councilman Steve Urban, who represents the district, said a grocery store is a positive change for this part of the city.
"If it doesn't come to Arvada it is going to go up the street to Wheat Ridge," said Urban.
And since local governments are financed through sales taxes, that means another city would be reaping the benefits instead of Arvada.
"That is just the way it is set up, it pits one municipality against another," Urban said.
Urban said he understands the residents' concerns but adds that a grocery story in that part of the city is needed. He said Wal-Mart would only be taking a small portion of the lake and instead of a two-story parking garage, which was initially proposed, an underground parking structure would be built.
A Jefferson County District Court has already ruled that the Arvada Urban Renewal Authority could condemn the lake. One of the property owners of the lake filed an appeal with the Colorado Supreme Court and until the Supreme Court has ruled on the issue nothing can be built on the lake.
The Constitution gives local governments the right to condemn property through eminent domain. The fifth amendment indicates the condemned or blighted land would go to public use. The problem is that the term "public use" has been interpreted very broadly by the courts. In many cases, the government condemns land only to hand it over to private companies, according to the national Landlord Tenant Guides.
Local governments argue that the move allows them to create a bigger tax base and more jobs. Critics say it is an abuse of the Constitution.
The city of Arvada wants to fill a dark empty building near 52nd and Wadsworth and so far Super Wal-Mart is the only business that has shown interest. But the store said it's not coming unless it can use 2 acres of the nearby lake for its parking lot.
Roughly 800 residents around the area have signed petitions to stop their city government from condemning the lake.
"You want to ruin our community for the dollar and it is never enough, it is always more, more more," said concerned resident Robin Stephenson. "What is it going to do to the community as far as traffic, congestion? ... There are issues of draining the whole lake which would kill out all the wildlife."
City Councilman Steve Urban, who represents the district, said a grocery store is a positive change for this part of the city.
"If it doesn't come to Arvada it is going to go up the street to Wheat Ridge," said Urban.
And since local governments are financed through sales taxes, that means another city would be reaping the benefits instead of Arvada.
"That is just the way it is set up, it pits one municipality against another," Urban said.
Urban said he understands the residents' concerns but adds that a grocery story in that part of the city is needed. He said Wal-Mart would only be taking a small portion of the lake and instead of a two-story parking garage, which was initially proposed, an underground parking structure would be built.
A Jefferson County District Court has already ruled that the Arvada Urban Renewal Authority could condemn the lake. One of the property owners of the lake filed an appeal with the Colorado Supreme Court and until the Supreme Court has ruled on the issue nothing can be built on the lake.
The Constitution gives local governments the right to condemn property through eminent domain. The fifth amendment indicates the condemned or blighted land would go to public use. The problem is that the term "public use" has been interpreted very broadly by the courts. In many cases, the government condemns land only to hand it over to private companies, according to the national Landlord Tenant Guides.
Local governments argue that the move allows them to create a bigger tax base and more jobs. Critics say it is an abuse of the Constitution.
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