Political Wrinkles  

Go Back   Political Wrinkles > General Forum > News & Current Events
Register FAQDonate PW Store PW Trivia Members List Calendar Search Today's Posts Mark Forums Read

News & Current Events Discuss Colorado couple fights to save land from eminent domain at the General Forum; Case number 2 of someone fighting the government to save what is theirs. "They're spending us to death," said landowner ...

LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 04-13-2014, 01:53 PM
MrLiberty's Avatar
professional curmudgeon
Join Date: Mar 2009
Gender: Male
Posts: 30,506
Thanks: 21,953
Thanked 18,613 Times in 11,939 Posts
Default Colorado couple fights to save land from eminent domain

Case number 2 of someone fighting the government to save what is theirs.

"They're spending us to death," said landowner Andy Barrie.

He is not talking about property taxes, inflation or even the cost of skiing in glitzy ski country. Rather, he's talking about the legal fight he and his wife have been waging to save their pristine piece of mountain property -- with breathtaking views of Colorado's high country -- from being taken over by the county through eminent domain.

Their battle is a unique test of private property rights. Unlike in countless other cases, where local governments have used those powers to seize land to make way for a road or some economic development project, Colorado's Summit County is using eminent domain to go after the Barries' land simply because officials want the open space.

It's a peaceful plot of land the Barries don't want to part with.

"Everyone has their special place where they really like to go, and when we came up here the first time we said this is our heaven, this is a special place," Andy Barrie explained.

Two years ago, Andy and Ceil Barrie bought two pieces of land: a house in an established subdivision, and another piece of property at a higher elevation, accessible by an old mining road.

The isolated parcel is surrounded by 2.2 million acres of White River National Forest, and is essentially an island of private property. It includes an old mining cabin, an outhouse and a shuttered gold mine. The area is popular with hikers.

The couple's trouble started when the U.S. Forest Service took them to task for using a utility vehicle to drive from their main residence to their cabin. They say they never went off-road, and petitioned for the path to be declared a county road.

The county, though, responded by trying to buy the Barries' higher-elevation property in order to protect and preserve it as open space. The Barries, who never had any plans to develop it, did not want to sell.

That's when the county pulled their trump card.

Unbeknownst to the Barries, the previous owner had remodeled the cabin without permits. So Summit County commissioners voted to condemn the property for wiring and plumbing (even though the cabin has none) and filed for eminent domain.

"I understand that we are all trying to save these beautiful mountains and make them accessible to everyone, but you know that property has been sitting there since President Garfield signed our land patent, and we're not doing anything bad there," Ceil Barrie said.

Last week, the two sides participated in required, formal mediation with a judge. Summit County, which refused interview requests, released a statement saying: "Both parties engaged in productive negotiations in pursuit of a voluntary settlement regarding the purchase. ... We are optimistic that a resolution will be reached within a matter of weeks, if not days."

The Barries' hopes are dimming. Asked if recent mediation pointed to a way for the Barries to keep the land in the family name and avoid eminent domain, Andy Barrie responded flatly, "No, they're taking it."

Further, they're concerned that should Summit County seize control of their 10-acre tract, the county will simply trade the property with the U.S. Forest Service for valuable land closer to town.

"They collude together to basically screw up their citizens. ... Sooner or later, we're going to run out of money, but we wanted to fight the good fight and let people know our story and what their government is up to," Andy Barrie said.

Fox News checked with the White River National Forest division of the U.S. Forest Service about the Barries' case. Spokesman Bill Kight said via email: "In the case of this or any on-going legal matter (including eminent domain petitions) with any federal, state, county or local government the Forest Service will not be issuing any statement during such legal proceedings."

The Barries have spent more than $75,000 to date. The mediation judge recently advised them the financial figure could double in the coming months.

"I even promised my daughter she could get married up here, and now all that's gone," Andy Barrie said.

Alicia Acuna joined Fox News Channel (FNC) in 1997 and currently serves as a general assignment reporter based in the network's Denver bureau.
Government on all levels are out of control and must be stopped. We were a free nation, now we have the government trying to control our lives.
Sometimes by losing a battle you find a new way to win the war.

Donald Trump
Reply With Quote
The Following 2 Users Say Thank You to MrLiberty For This Useful Post:
  #2 (permalink)  
Old 04-13-2014, 03:36 PM
FrancSevin's Avatar
Runs with scissors
Join Date: Mar 2014
Location: St Louis MO
Gender: Male
Posts: 16,152
Thanks: 11,396
Thanked 15,754 Times in 8,454 Posts
Default Re: Colorado couple fights to save land from eminent domain

Originally Posted by MrLiberty View Post
Case number 2 of someone fighting the government to save what is theirs.

Government on all levels are out of control and must be stopped. We were a free nation, now we have the government trying to control our lives.
This is the very case to which I alluded in the Bundy Ranch thread.

These abuses will only stop if Americans can rally support for such endangered citizens and their rights.

The last place for a USA citizen to find liberty is from his own government.
I am going to hang a Batman Costume in my closet. .......... Just to screw with myself when I get alzheimer's.
sola gratia, sola fide, sola scriptura.

Reply With Quote
  #3 (permalink)  
Old 04-13-2014, 03:50 PM
squerly's Avatar
Join Date: Mar 2013
Posts: 663
Thanks: 673
Thanked 586 Times in 315 Posts
Default Re: Colorado couple fights to save land from eminent domain

Eminent domain is majorly abused and in most cases is horse****. But, it is a law and it's very unlikely we will see it reversed. One of the prime weapons used in eminent domain is for the city/state/federal/whoever to use taxpayer money's to keep the property owner in court until the PO can't afford to defend himself any longer.

Given the unlikeliness of repealing the eminent domain law I would like to see a law requiring the party using eminent domain (assuming it to be a state or federal entity) to provide the defendant with an amount of taxpayer money equal to what the state is using. If our government can use taxpayer money to pay for their attorney's then it's only right that we (the taxpayer) be allowed to use an equal amount of the same money to pay ours.

This would bring to an end the policy of stealing a defendants property simply by depleting his funds.
If I had a dollar for every time girls found me unattractive, eventually they'd find me attractive...
Reply With Quote
The Following User Says Thank You to squerly For This Useful Post:

colorado, couple, domain, eminent, fights, from, land, save

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

Forum Jump

All times are GMT -5. The time now is 01:23 PM.

Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2023, vBulletin Solutions, Inc.

Content Relevant URLs by vBSEO 3.2.0