Justice RICE delivered the Opinion of the Court.
This appeal raises the question whether section 38-1-101(4)(b), C.R.S. (2007) ("subsection 4b"), unconstitutionally denies home rule municipalities their eminent domain power under article XX of the Colorado Constitution. The Town of Telluride, a home rule municipality, sought to condemn 572 acres of real property located adjacent to Telluride for open space and park purposes. The owners of the property contested the...
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