just compensation clause in Colorado

5 Colorado opinions name it 2 courts 1979–1995 0 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

Case	Followed	Cited
Board of County Commissioners v. Adlergreen colo · 1920 · cited in 1 Colorado opinions naming this issue, 1992–1992 2 sentences 1992We agree that sovereign immunity does not preclude claims under the just compensation clause, Board of County Commissioners v. Adler, 69 Colo. 290, 292 , 194 P. 621, 622 (1920), and that a “taking” includes a “temporary” taking, which deprives an owner of the use of property. 1992We agree that sovereign immunity does not preclude claims under the just compensation clause, Board of County Commissioners v. Adler, 69 Colo. 290, 292 , 194 P. 621, 622 (1920), and that a “taking” includes a “temporary” taking, which deprives an owner of the use of property.	1	1
Collopy v. WILDLIFE COM'N, ETC.green colo · 1981 · cited in 1 Colorado opinions naming this issue, 1991–1991 1 sentence 1991See, e.g., Collopy, 625 P.2d at 1005 ("To compel [a litigant] to proceed in inverse condemnation [against an agency that lacks the power of eminent domain] ... would enable [the agency] to acquire indirectly property rights the legislature has denied it the power to acquire by direct condemnation."); Fountain v. Metropolitan Atlanta Rapid Transit Auth., 678 F.2d at 1044 (“If a private party were unable to seek redress under the just compensation clause when an official agency acts outside its statutory powers and takes property for public use, the state would be able to escape liability under	1	1
T. J. Fountain, Jr., Individually and Doing Business as Fountain Oil Company v. Metropolitan Atlanta Rapid Transit Authoritygreen ca11 · 1982 · cited in 1 Colorado opinions naming this issue, 1991–1991 1 sentence 1991See, e.g., Collopy, 625 P.2d at 1005 ("To compel [a litigant] to proceed in inverse condemnation [against an agency that lacks the power of eminent domain] ... would enable [the agency] to acquire indirectly property rights the legislature has denied it the power to acquire by direct condemnation."); Fountain v. Metropolitan Atlanta Rapid Transit Auth., 678 F.2d at 1044 (“If a private party were unable to seek redress under the just compensation clause when an official agency acts outside its statutory powers and takes property for public use, the state would be able to escape liability under	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (7)

Case	Cited	Years
First English Evangelical Lutheran Church v. County of Los Angeles green scotus · 1987 2 sentences 1995In First English Evangelical Lutheran Church v. County of Los Angeles, 482 U.S. 304 , 107 S.Ct. 2378 , 96 L.Ed.2d 250 (1987) (First English I), however, the United States Supreme Court determined that invalidation of a regulatory restriction, although converting the taking to a “temporary” one, was not a sufficient remedy to meet the demands of the Just Compensation clause of the Fifth Amendment. 1995In First English Evangelical Lutheran Church v. County of Los Angeles, 482 U.S. 304 , 107 S.Ct. 2378 , 96 L.Ed.2d 250 (1987) (First English I), however, the United States Supreme Court determined that invalidation of a regulatory restriction, although converting the taking to a “temporary” one, was not a sufficient remedy to meet the demands of the Just Compensation clause of the Fifth Amendment.	2	1992–1995
Antonopoulos v. Town of Telluride green colo · 1975 2 sentences 1988No. RE-1 v. Ebke, 193 Colo. 40 , 562 P.2d 419 (1977) (breach of contractual duty); Antonopoulos v. Town of Telluride, 187 Colo. 392 , 532 P.2d 346 (1975) (indemnity claim under Liability of Peace Officers Act, section 29-5-111, 12A C.R.S. (1973)); Jones v. Northeast Durango Water Dist., 622 P.2d 92 (Colo.App.1980) (mandamus action); SRB v. Board of County Comm'rs of Larimer County, 43 Colo.App. 14 , 601 P.2d 1082 (1979) (property damage claims under the just compensation clause of the Colorado Constitution, article II, section 15); Hayden v. Board of County Comm'rs of Jefferson County, 41 Colo 1988No. RE-1 v. Ebke, 193 Colo. 40 , 562 P.2d 419 (1977) (breach of contractual duty); Antonopoulos v. Town of Telluride, 187 Colo. 392 , 532 P.2d 346 (1975) (indemnity claim under Liability of Peace Officers Act, section 29-5-111, 12A C.R.S. (1973)); Jones v. Northeast Durango Water Dist., 622 P.2d 92 (Colo.App.1980) (mandamus action); SRB v. Board of County Comm'rs of Larimer County, 43 Colo.App. 14 , 601 P.2d 1082 (1979) (property damage claims under the just compensation clause of the Colorado Constitution, article II, section 15); Hayden v. Board of County Comm'rs of Jefferson County, 41 Colo	1	1988–1988
Srb v. Board of Cty. Com'rs, Cty. of Larimer green coloctapp · 1979 2 sentences 1988No. RE-1 v. Ebke, 193 Colo. 40 , 562 P.2d 419 (1977) (breach of contractual duty); Antonopoulos v. Town of Telluride, 187 Colo. 392 , 532 P.2d 346 (1975) (indemnity claim under Liability of Peace Officers Act, section 29-5-111, 12A C.R.S. (1973)); Jones v. Northeast Durango Water Dist., 622 P.2d 92 (Colo.App.1980) (mandamus action); SRB v. Board of County Comm’rs of Larimer County, 43 Colo.App. 14 , 601 P.2d 1082 (1979) (property damage claims under the just compensation clause of the Colorado Constitution, article II, section 15); Hayden v. Board of County Comm’rs of Jefferson County, 41 Colo 1988No. RE-1 v. Ebke, 193 Colo. 40 , 562 P.2d 419 (1977) (breach of contractual duty); Antonopoulos v. Town of Telluride, 187 Colo. 392 , 532 P.2d 346 (1975) (indemnity claim under Liability of Peace Officers Act, section 29-5-111, 12A C.R.S. (1973)); Jones v. Northeast Durango Water Dist., 622 P.2d 92 (Colo.App.1980) (mandamus action); SRB v. Board of County Comm'rs of Larimer County, 43 Colo.App. 14 , 601 P.2d 1082 (1979) (property damage claims under the just compensation clause of the Colorado Constitution, article II, section 15); Hayden v. Board of County Comm'rs of Jefferson County, 41 Colo	1	1988–1988
Jones v. Northeast Durango Water District green coloctapp · 1980 2 sentences 1988No. RE-1 v. Ebke, 193 Colo. 40 , 562 P.2d 419 (1977) (breach of contractual duty); Antonopoulos v. Town of Telluride, 187 Colo. 392 , 532 P.2d 346 (1975) (indemnity claim under Liability of Peace Officers Act, section 29-5-111, 12A C.R.S. (1973)); Jones v. Northeast Durango Water Dist., 622 P.2d 92 (Colo.App.1980) (mandamus action); SRB v. Board of County Comm’rs of Larimer County, 43 Colo.App. 14 , 601 P.2d 1082 (1979) (property damage claims under the just compensation clause of the Colorado Constitution, article II, section 15); Hayden v. Board of County Comm’rs of Jefferson County, 41 Colo 1988No. RE-1 v. Ebke, 193 Colo. 40 , 562 P.2d 419 (1977) (breach of contractual duty); Antonopoulos v. Town of Telluride, 187 Colo. 392 , 532 P.2d 346 (1975) (indemnity claim under Liability of Peace Officers Act, section 29-5-111, 12A C.R.S. (1973)); Jones v. Northeast Durango Water Dist., 622 P.2d 92 (Colo.App.1980) (mandamus action); SRB v. Board of County Comm'rs of Larimer County, 43 Colo.App. 14 , 601 P.2d 1082 (1979) (property damage claims under the just compensation clause of the Colorado Constitution, article II, section 15); Hayden v. Board of County Comm'rs of Jefferson County, 41 Colo	1	1988–1988
Hayden v. BOARD OF CTY. COMMISSIONERS green coloctapp · 1978 2 sentences 1988No. RE-1 v. Ebke, 193 Colo. 40 , 562 P.2d 419 (1977) (breach of contractual duty); Antonopoulos v. Town of Telluride, 187 Colo. 392 , 532 P.2d 346 (1975) (indemnity claim under Liability of Peace Officers Act, section 29-5-111, 12A C.R.S. (1973)); Jones v. Northeast Durango Water Dist., 622 P.2d 92 (Colo.App.1980) (mandamus action); SRB v. Board of County Comm'rs of Larimer County, 43 Colo.App. 14 , 601 P.2d 1082 (1979) (property damage claims under the just compensation clause of the Colorado Constitution, article II, section 15); Hayden v. Board of County Comm'rs of Jefferson County, 41 Colo 1988No. RE-1 v. Ebke, 193 Colo. 40 , 562 P.2d 419 (1977) (breach of contractual duty); Antonopoulos v. Town of Telluride, 187 Colo. 392 , 532 P.2d 346 (1975) (indemnity claim under Liability of Peace Officers Act, section 29-5-111, 12A C.R.S. (1973)); Jones v. Northeast Durango Water Dist., 622 P.2d 92 (Colo.App.1980) (mandamus action); SRB v. Board of County Comm'rs of Larimer County, 43 Colo.App. 14 , 601 P.2d 1082 (1979) (property damage claims under the just compensation clause of the Colorado Constitution, article II, section 15); Hayden v. Board of County Comm'rs of Jefferson County, 41 Colo	1	1988–1988
JULESBURG SCH. DIST. NO. RE-1, ETC. v. Ebke green colo · 1977 2 sentences 1988No. RE-1 v. Ebke, 193 Colo. 40 , 562 P.2d 419 (1977) (breach of contractual duty); Antonopoulos v. Town of Telluride, 187 Colo. 392 , 532 P.2d 346 (1975) (indemnity claim under Liability of Peace Officers Act, section 29-5-111, 12A C.R.S. (1973)); Jones v. Northeast Durango Water Dist., 622 P.2d 92 (Colo.App.1980) (mandamus action); SRB v. Board of County Comm'rs of Larimer County, 43 Colo.App. 14 , 601 P.2d 1082 (1979) (property damage claims under the just compensation clause of the Colorado Constitution, article II, section 15); Hayden v. Board of County Comm'rs of Jefferson County, 41 Colo 1988No. RE-1 v. Ebke, 193 Colo. 40 , 562 P.2d 419 (1977) (breach of contractual duty); Antonopoulos v. Town of Telluride, 187 Colo. 392 , 532 P.2d 346 (1975) (indemnity claim under Liability of Peace Officers Act, section 29-5-111, 12A C.R.S. (1973)); Jones v. Northeast Durango Water Dist., 622 P.2d 92 (Colo.App.1980) (mandamus action); SRB v. Board of County Comm'rs of Larimer County, 43 Colo.App. 14 , 601 P.2d 1082 (1979) (property damage claims under the just compensation clause of the Colorado Constitution, article II, section 15); Hayden v. Board of County Comm'rs of Jefferson County, 41 Colo	1	1988–1988
Evans v. Board of County Commissioners green colo · 1971 2 sentences 1979The General Assembly's restoration of governmental immunity in certain situations following its abrogation by the Supreme Court in Evans v. Board of County Commissioners, 174 Colo. 97 , 482 P.2d 968 (1971), and companion cases, could not change the rule that the just compensation clause of our Constitution creates an exception to the doctrine of governmental immunity. 1979The General Assembly's restoration of governmental immunity in certain situations following its abrogation by the Supreme Court in Evans v. Board of County Commissioners, 174 Colo. 97 , 482 P.2d 968 (1971), and companion cases, could not change the rule that the just compensation clause of our Constitution creates an exception to the doctrine of governmental immunity.	1	1979–1979

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 24-10-101 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 37 (1976–2025) WI 10 (1983–2026) FL 10 (1964–2019) TX 8 (1940–2019) WA 8 (1976–2006) RI 5 (1980–2003) CO 5 (1979–1995) VA 4 (1989–2013) ID 4 (1988–2018) MA 4 (2004–2024) OR 3 (2017–2024) UT 3 (1990–2017) NH 3 (1981–2005) IL 3 (1982–2003) GA 3 (1993–2025) AZ 3 (1978–1991) IN 2 (2005–2013) ME 2 (2007–2023) MD 2 (1986–2019) NY 2 (1926–2005) NM 2 (2006–2006) AK 2 (1980–2009) MI 2 (1976–2017) CT 2 (1998–1999)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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