On the VF, bring the glider but not the dog
Published: Sunday, May 20, 2007 7:48 PM CDT
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Town nears deal to open Valley Floor
By Pat Healy
By Wednesday, you could be hiking across the greening, dandelion-dusted Valley Floor. You could be fishing the San Miguel River and biking along its banks. And all without fear of being arrested for trespassing on private property.
The town and the owners of the Valley Floor are within days of inking a deal that would allow people to use and enjoy the sprawling meadows west of town. It would mark the first time in six years that Telluride residents were allowed to set foot on the Valley Floor.
“We’re hoping to have something by early [this] week,” said Leslie Fields, a Denver attorney representing Telluride in its years-long effort to acquire the land. “They’re talking to us, and we’re hopeful we can work something out.”
Nothing is finalized, but the deal — called a limited-use agreement — would allow hiking, biking, fishing and hang gliding, Mayor John Pryor said last week. Dogs, parking, large events and camping would be prohibited.
Telluride residents were once able to enjoy the privately held Valley Floor, but that ended some six years ago. Telluride filed a condemnation lawsuit to take the Valley Floor using eminent domain, and the Valley Floor’s owners barred public access.
“No Trespassing” signs warned away interlopers, and some cross-country skiers were cited for trespassing on the land during a 2002 race on the property.
But now, the town has raised $50 million to buy the land, whose value was set after a valuation trial in February. By paying that sum, Telluride earned the clear right to have possession and use of the land.
Of course, the town doesn’t need permission from landowner Neal Blue to begin using the land. But Telluride lawyers said they’d prefer to work out an agreement with Blue’s land company, the San Miguel Valley Corporation, rather than seek a court order to take possession.
SMVC continues to fight the condemnation in court. Blue’s lawyers say that a 2004 law stripped Telluride of its rights to condemn land outside its borders, and they are appealing the eminent-domain case to the Colorado Supreme Court.
The use agreement between Telluride and SMVC would let residents use the Valley Floor even as the appeals play out over the next year.
If Telluride wins in court, it will then likely take legal title of the land and preserve it as open space. If SMVC wins, it will remain the owner and Telluride will get its $50 million back.
Despite the legal battles, the two sides are working together on the use agreement, Town Attorney Kevin Geiger said.
“SMVC has been extremely gracious in all of this,” he said. “They’ve been extremely cooperative.”
Once both sides are satisfied with the agreement, they’ll submit it to District Judge Charles Greenacre, who will sign it, giving it the force of law, and giving Telluride residents the right to stroll this $50 million meadow.
