Inverse Condemnation Complaint — Colorado

COMPLAINT FOR INVERSE CONDEMNATION — COLORADO

TABLE OF CONTENTS

1. Caption
2. Nature of the Action
3. Parties, Jurisdiction, and Venue
4. Background Facts
5. Count I — Inverse Condemnation (Colo. Const. art. II, § 15 — Taking)
6. Count II — Inverse Condemnation (U.S. Const. amends. V and XIV)
7. Count III — Damaging of Property (Colo. Const. art. II, § 15 — "or damaged")
8. Count IV — Regulatory / Precondemnation Taking
9. Damages and Just Compensation
10. Prayer for Relief
11. Demand for Jury / Commission
12. Signature and Service Blocks
13. Verification
14. Certificate of Service
15. Colorado Practice Notes
16. Sources and References

1. CAPTION

DISTRICT COURT, [COUNTY NAME] COUNTY, COLORADO

Court Address: [________________________________]

Case Number: [________________________________]

Division/Courtroom: [____]

COMPLAINT FOR INVERSE CONDEMNATION AND JUST COMPENSATION

Plaintiff, by and through undersigned counsel, complains of Defendant and alleges as follows:

2. NATURE OF THE ACTION

1. This is an action for inverse condemnation seeking just compensation for the taking and damaging of Plaintiff's real property by Defendant for a public use, without the institution of a formal condemnation proceeding and without payment of just compensation.

2. Article II, Section 15 of the Colorado Constitution provides: "Private property shall not be taken or damaged, for public or private use, without just compensation." Colorado's constitutional protection is broader than the federal Fifth Amendment because it independently compensates property that is "damaged," not only property that is "taken."

3. Where a governmental entity takes or damages private property for a public use without exercising its eminent domain power and without paying just compensation, the property owner may bring an inverse condemnation action to recover the compensation guaranteed by the Colorado and United States Constitutions.

3. PARTIES, JURISDICTION, AND VENUE

4. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is [an individual / a Colorado corporation / a limited liability company / other: ____] and is the owner of record of real property located at [PROPERTY ADDRESS], [COUNTY] County, Colorado (the "Subject Property"), more particularly described in Exhibit A.

5. Plaintiff's interest in the Subject Property is [fee simple / leasehold / easement / other: ____].

6. Defendant [GOVERNMENTAL ENTITY] ("Defendant") is a [municipality / county / state agency / special district / public utility] organized under the laws of the State of Colorado and exercising governmental authority within [COUNTY] County. Defendant may be served pursuant to C.R.C.P. 4 by serving [name/title of authorized agent] at [SERVICE ADDRESS].

7. This Court has subject-matter jurisdiction under Colo. Const. art. VI, § 9 (district courts as courts of general jurisdiction) and over the takings claims arising under Colo. Const. art. II, § 15 and the Fifth and Fourteenth Amendments to the United States Constitution.

8. The Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq., does not bar this action because an inverse condemnation claim sounds in the constitutional guarantee of just compensation rather than in tort.

9. Venue is proper in this County under C.R.C.P. 98(a) because the Subject Property is situated in [COUNTY] County, Colorado.

10. Pursuant to Knick v. Township of Scott, 588 U.S. 180 (2019), Plaintiff's federal takings claim is ripe upon the taking without compensation and may be pursued in this Court.

4. BACKGROUND FACTS

11. The Subject Property consists of approximately [____] acres / square feet, improved with [DESCRIBE IMPROVEMENTS], and was used for [USE].

12. Prior to Defendant's actions, the Subject Property had a fair market value of approximately $[AMOUNT], and its highest and best use was [HIGHEST AND BEST USE].

13. On or about [DATE], Defendant undertook the following action(s) affecting the Subject Property for a public use, namely [DESCRIBE PUBLIC PROJECT / PURPOSE]:

☐ Physical invasion, occupation, or appropriation of the Subject Property

☐ Physical damage arising from a public construction or improvement project

☐ Flooding, surface-water diversion, or altered drainage onto the Subject Property

☐ Denial or substantial impairment of access to the Subject Property

☐ Regulatory action depriving the Subject Property of economically beneficial use

☐ Precondemnation conduct (unreasonable delay, public announcement, or activity that destroyed value)

☐ Other: [DESCRIBE]

14. Specifically, Defendant [DETAILED NARRATIVE OF THE GOVERNMENTAL CONDUCT, DATES, AND PHYSICAL OR REGULATORY EFFECTS].

15. As a direct and proximate result of Defendant's actions, the Subject Property has been [taken / damaged / rendered unusable / diminished in value], as follows: [DESCRIBE].

16. Defendant's actions were taken for a public use or public purpose, namely [PUBLIC PURPOSE].

17. Defendant has not instituted any formal eminent domain proceeding under C.R.S. § 38-1-101 et seq. with respect to the Subject Property.

18. Defendant has not paid Plaintiff just compensation for the taking or damaging of the Subject Property.

19. On or about [DATE], Plaintiff notified Defendant of the taking/damage and demanded just compensation. Defendant [failed to respond / denied the claim / offered inadequate compensation of $____].

5. COUNT I — INVERSE CONDEMNATION (Colo. Const. art. II, § 15 — Taking)

20. Plaintiff realleges and incorporates paragraphs 1 through 19.

21. Article II, Section 15 of the Colorado Constitution guarantees that private property shall not be taken for public or private use without just compensation.

22. Defendant's actions, as alleged above, constitute a taking of the Subject Property for a public use without the exercise of eminent domain and without payment of just compensation.

23. Plaintiff is entitled to just compensation under the Colorado Constitution in an amount to be determined at trial, together with interest from the date of taking.

6. COUNT II — INVERSE CONDEMNATION (U.S. Const. amends. V and XIV)

24. Plaintiff realleges and incorporates paragraphs 1 through 23.

25. The Fifth Amendment to the United States Constitution, applied to the states through the Fourteenth Amendment, prohibits the taking of private property for public use without just compensation.

26. Defendant, acting under color of state law, has taken the Subject Property for public use without just compensation in violation of the Fifth and Fourteenth Amendments.

27. Plaintiff is entitled to just compensation, together with interest, attorney fees, and costs to the extent allowed by 42 U.S.C. § 1988 and applicable law.

7. COUNT III — DAMAGING OF PROPERTY (Colo. Const. art. II, § 15 — "or damaged")

28. Plaintiff realleges and incorporates paragraphs 1 through 27.

29. Unlike the federal Constitution, the Colorado Constitution expressly compensates property that is "damaged," not merely "taken," for public or private use.

30. Even if Defendant's actions do not amount to a complete physical or regulatory taking, those actions have damaged the Subject Property by [describe — e.g., loss of access, recurring flooding, vibration, loss of lateral support, impaired use].

31. Plaintiff is entitled to compensation for the damage to the Subject Property under Colo. Const. art. II, § 15.

8. COUNT IV — REGULATORY / PRECONDEMNATION TAKING

32. Plaintiff realleges and incorporates paragraphs 1 through 31.

33. Defendant's [regulation / official map / public announcement / unreasonable precondemnation activity] has deprived Plaintiff of all or substantially all economically beneficial use of the Subject Property, or has so substantially interfered with Plaintiff's reasonable investment-backed expectations as to constitute a compensable taking under the standards of Penn Central Transp. Co. v. New York City, 438 U.S. 104 (1978), and Lucas v. S.C. Coastal Council, 505 U.S. 1003 (1992).

34. Plaintiff is entitled to just compensation for the regulatory and/or precondemnation taking of the Subject Property.

9. DAMAGES AND JUST COMPENSATION

35. As a result of Defendant's taking and damaging of the Subject Property, Plaintiff has sustained the following damages:

36. Plaintiff is entitled to interest on the just compensation award from the date of taking, [__/__/____], to the date of payment.

37. Plaintiff is entitled to recover reasonable attorney fees, expert and appraisal fees, and litigation costs to the extent permitted by C.R.S. § 38-1-122 (recovery of reasonable attorney fees and costs where the court finds a taking has occurred in an inverse condemnation proceeding) and 42 U.S.C. § 1988.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court:

☐ A. Enter judgment in favor of Plaintiff and against Defendant declaring that Defendant has taken and/or damaged the Subject Property for public use;

☐ B. Award just compensation in an amount to be determined, but not less than $[AMOUNT];

☐ C. Award pre-judgment interest from the date of taking, [__/__/____], and post-judgment interest at the statutory rate;

☐ D. Award reasonable attorney fees, appraisal and expert fees, and costs as permitted by C.R.S. § 38-1-122 and other applicable law;

☐ E. Grant such other and further relief as the Court deems just and proper.

11. DEMAND FOR JURY / COMMISSION

☐ Plaintiff demands that the amount of just compensation be determined by a jury, as permitted in eminent domain and inverse condemnation proceedings under C.R.S. § 38-1-101(2)(a) and C.R.S. § 38-1-105, or, in the alternative, by a board of commissioners.

12. SIGNATURE AND SERVICE BLOCKS

Date: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], Colorado Atty. Reg. No. [####]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

13. VERIFICATION

STATE OF COLORADO

COUNTY OF [COUNTY]

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Colorado that I am the Plaintiff (or authorized representative of Plaintiff) in this action; that I have read the foregoing Complaint for Inverse Condemnation; and that the matters stated therein are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY], Colorado.

[________________________________]

[PLAINTIFF NAME]

14. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____] a true and correct copy of the foregoing COMPLAINT FOR INVERSE CONDEMNATION was served upon Defendant by [personal service pursuant to C.R.C.P. 4 / Colorado Courts E-Filing / certified mail] addressed as follows:

[SERVICE LIST WITH ADDRESSES]

[________________________________]

[ATTORNEY NAME]

15. COLORADO PRACTICE NOTES

• Constitutional basis. Colo. Const. art. II, § 15 compensates property "taken OR DAMAGED." This "damage" clause is materially broader than the federal Fifth Amendment and supports recovery for consequential damage (loss of access, flooding, loss of lateral support, vibration) even absent a complete taking. See C.R.S. § 38-1-101(1)(a) (mirroring the "taken or damaged" standard).
• Forum. Inverse condemnation actions are filed as civil actions in the District Court for the county where the property lies. There is no separate condemnation court.
• Statute of limitations. Colorado has no limitations statute specific to inverse condemnation. Courts have applied general limitations provisions; counsel commonly evaluate the two-year period for actions against governmental entities under C.R.S. § 13-80-102(1)(h), the six-year period for actions to recover a liquidated debt or determinable amount under C.R.S. § 13-80-103.5, and accrual rules tied to when the taking/damage becomes stabilized and known. The applicable period is fact-dependent and contested — confirm with counsel and file at the earliest defensible date.
• Governmental immunity. The CGIA (C.R.S. § 24-10-101 et seq.) does not bar inverse condemnation because such claims arise under the constitutional just-compensation guarantee, not in tort. Do not plead a parallel tort claim without satisfying the CGIA 182-day notice-of-claim requirement (C.R.S. § 24-10-109).
• Burden of proof / public use. In a direct condemnation, C.R.S. § 38-1-101(2)(b) places the burden to prove public use on the condemnor (clear and convincing evidence for blight-eradication takings). In inverse condemnation, the owner establishes the taking/damage; public use is generally not disputed because the owner relies on it.
• Jury / commission and compensation. Under C.R.S. § 38-1-101(2)(a) and § 38-1-105, the amount of compensation is fixed by a freeholder commission or, on the owner's demand, by a jury; the court resolves all other issues.
• Attorney fees. C.R.S. § 38-1-122 authorizes an award of reasonable attorney fees and costs to the owner where the court finds that a taking has occurred in an inverse condemnation proceeding. Federal claims may support fees under 42 U.S.C. § 1988.

16. SOURCES AND REFERENCES

• Colo. Const. art. II, § 15 — https://leg.colorado.gov/colorado-constitution
• C.R.S. § 38-1-101 et seq. (Eminent Domain) — https://leg.colorado.gov/
• C.R.S. § 38-1-122 (attorney fees in inverse condemnation)
• C.R.S. § 13-80-101 to § 13-80-103.5 (limitations of actions)
• C.R.S. § 24-10-101 et seq. (Colorado Governmental Immunity Act)
• Knick v. Township of Scott, 588 U.S. 180 (2019)
• Penn Central Transp. Co. v. New York City, 438 U.S. 104 (1978)
• Lucas v. S.C. Coastal Council, 505 U.S. 1003 (1992)
• "Inverse Condemnation Claims after Knick," Colorado Lawyer (May 2020) — https://cl.cobar.org/features/inverse-condemnation-claims-after-knick/
• Colorado Rules of Civil Procedure (C.R.C.P. 4, 98) — https://www.coloradojudicial.gov/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Colorado must review and customize this document before filing. Laws, citations, limitations periods, and court rules change; verify all authorities before use.