Lawmakers seek to stop Pinon Canyon eminent domain

Colleen Slevin, Associated Press

Saturday, February 24, 2007

Two state lawmakers want to try to stop the Army's proposed expansion of its Pinon Canyon training site by changing the state's eminent domain law. Sen. Ken Kester on Friday said the move is also an attempt to increase pressure on Colorado's U.S. senators to oppose the expansion while in Washington.

Colorado law gives the federal government the right to condemn land for certain purposes, like building post offices or court houses. Sponsor Rep. Wes McKinley, D-Walsh, said their proposal (House Bill 1069) would bar federal authorities from taking land for use by the military. He said the Army could still buy land but wouldn't be able to use the power of eminent domain to buy from unwilling sellers.

''It would just about force them to make an honest deal,'' said McKinley, a rancher.

Kester acknowledged the Army may not have to follow a state law, and said he hopes Sens. Wayne Allard and Ken Salazar ''turn up the heat'' on the Army now that it's moving ahead with a study of the expansion.

''It will impress on them how the people of that area feel,'' said Kester, who represents the five counties included in the possible expansion area.

Last week, the Pentagon said the Army could go ahead with an in-depth study to nearly triple the size of its existing training site on the southeastern Colorado plains. The site, used to train soldiers from Fort Carson, was created in the early 1980s.

Rancher Lon Robertson said southeastern Colorado residents who oppose the expansion, including students, plan to travel to the state Capitol to lobby in support of it in the next few weeks. Because U.S. Senate tradition allows one senator to potentially block legislation, he hopes Salazar and Allard will decide to stop any future bill on Pinon Canyon.

''All it would take would be for one of our senators to take that hard stand and say it's not good for our state,'' said Robertson, president of the Pinon Canyon Maneuver Site Expansion Opposition Coalition.

Salazar, a Democrat, and Allard, a Republican, have both said they oppose the use of eminent domain to expand Pinon Canyon.

Salazar spokesman Cody Wertz said Friday that it's too early to decide whether to block legislation that hasn't happened yet. He said Salazar needs to see more detailed plans from the Army with exact locations and acreage before deciding what should happen next.

''They're both vital to Colorado — the ranchers and the farmers in the area and Fort Carson. Senator Salazar wants to take a look at the plan and the public and the local community leaders need to see that plan,'' Wertz said.

Allard spokesman Steve Wymer said the Army has said it will only work with willing sellers and that owners who want to sell should be allowed to do so. If that changes, he said Allard would investigate that.

''The Army has not asked for and not been given money for this purchase in the first place. I'm not sure the process is as immediate as might be feared,'' Wymer said.