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8000 B.C.- The last glacier withdrew from the Valley Floor opening
the valley to future habitation.
Late 1500's- Introduction of the horse to the Utes by the Spanish
allowed summer residence on the Valley Floor by the San Juan natives.
The first second-homers here probably numbered about 600.
1700's- French trappers and Spanish explorers first ventured into
the SW San Juans.
1868- Utes signed a treaty with U.S. government that granted them
400,000 acres, including the Valley Floor, "so long as the grasses
grow and the waters flow."
1872- Linnard Remine prospected for gold on Valley Floor.
1873- U.S. government broke 1872 treaty with the Utes and forced them
from their land.
1874- John Fallon discovers gold in Marshall Basin.
1877- San Miguel City founded on site of present day Brown Homestead.
1885- First plat filed for new town of Columbia, later named Telluride.
1914- The first mine tailings reached the Valley Floor compliments
of Cornet Creek flood.
1930- Joe Oberto began to buy pieces of the patchwork claims on the
Valley Floor.
1940's- The Valley Floor is first used as a site for tailing storage.
1967- Joe Oberto sold his Valley Floor property to Newmont Mining,
owner of Idarado, for $300,000. Idarado stated that it intended to
store more tailings on the land. Telluride rallied to prevent such
use.
1971- Colorado required all counties to create planning commissions
and adopt master plans. Idarado's Telluride mine closed.
1979- The San Miguel County Commissioners and the Telluride Town Council,
by joint resolution, established the Telluride Regional Planning Advisory
Committee (TRPAC). TRPAC was comprised of six representatives of government
(three from San Miguel County and three from Telluride), one representative
from each of the six major landowners in the area, including the owner
of the Valley Floor, and six members of the public. TRPAC was formed
to explore and suggest ways to implement the County's Master Plan,
which had been adopted in 1978.
March 1981- The TRPAC report set forth recommendations for bringing
regional zoning in line with the County Master Plan and included density
guidelines within each sub-region of the Telluride Region, designed
to provide guidance for future zoning and development decisions.
January 29, 1982- The San Miguel County Board of Commissioners adopted
the PUD-R zone district on the recommendations of the TRPAC recommendations.
March 15, 1982- The 860 acres then-owned by Telluride Valley Corporation
(TVC) was zoned PUD-R zone district by the Board of County Commissioners.
The PUD-R zoning designation allocated to the TVC property a collective
density of 1,770 people, two-thirds of which was designated to the
South Side. This density figure was calculated using formulas for
number of persons per type of dwelling or hotel/lodging unit. The
South Side was allocated two high-density development pods, one for
200 lodge units on a 10-acre site ad one for 600 lodge units on a
5-acre site. Pursuant to the language of the PUD-R zone district ordinance,
for the purpose of calculating allowable density, each lodge unit
equaled 1.5 people, for a total of 1200 people allocated to the South
Side.
December 28, 1983- Cordillera Corporation (Cordillera), San Miguel
Valley Corporation’s (SMVC) predecessor in interest, purchased
approximately 860 acres of real property in the Telluride area from
Telluride Valley Corporation. Of those 860 acres, approximately 714
acres are located immediately west of Telluride and are commonly referred
to as "the Valley Floor." The Valley Floor consists of 573
acres located to the south of the Highway 145 Spur (the east-west
road that leads into Telluride, "the Spur"), 121 acres located
to the north of the Spur; and 20 acres located at Society Turn, at
the southwest corner formed by the intersection of Highway 145 and
the Spur. These parcels are commonly referred to respectively as "the
South Side," "the North Side," and "the Society
Turn parcel."
1985- Telluride began negotiating with Cordillera to locate a new
sewage treatment plant on the Society Turn Parcel. Cordillera proposed
a land exchange whereby it would give Telluride a total of 15.5 acres
(a 3.5 acre sewer plant site on the Society Turn Parcel, plus 12 acres
near Town) in exchange for a 9.5-acre parcel located in the middle
of Cordillera's property on the South Side, on which Telluride's old
sewer lagoons were located. However, Telluride preferred an outright
purchase of the site and declined Cordillera's proposal to exchange
land.
April 1986- Negotiations between Cordillera and Telluride regarding
the acquisition of the plant site collapsed. Thereafter, Telluride
initiated procedures to condemn a new sewer treatment plant site on
the Society Turn Parcel (Sewer Treatment Plant Site) using its power
of eminent domain.
September 2, 1986- Telluride agreed to forego condemnation based upon
the negotiated settlement it had reached with Cordillera, which was
memorialized in the Society Turn Sewer Treatment Plant Agreement between
Telluride and Cordillera. Under the terms of the Agreement, which
was essentially a land exchange, Cordillera conveyed the Sewer Treatment
Plant Site to Telluride, along with certain other property and easements,
and in turn Telluride conveyed the old sewer lagoon site (located
in the middle of the South Side) to Cordillera. Under Section 11 of
this Agreement, language states that "It is the specific intent
of the District and the Town to not interfere with one another as
to their present and/or future needs for sewage treatment and both
parties acknowledge the right of either party."
April 19, 1993- The April Fools fax. An SMVC memo mistakenly faxed
to SMC Planning Dept. outlines the possibility of draining wetlands
to create more developable land and buying The Telluride Times Journal,
presumably to control communication and public sentiment.
1993- The so-called "20 Percent Solution" is adopted by
the Telluride Town Council to create public funds for open space preservation.
896 public votes are cast on the ballot question with 61 percent in
favor.
1995- The Community Planning Advisory Commission (CPAC) was formed,
comprised of major landowners, government officials and citizens.
1996- A Community Works study, ordered by CPAC, recommended 1,770
people on the Valley Floor, including a 400-person hotel, golf course
and 200 people on the South Side. The recomendations were not accepted
or enacted by town council or county commissioners.
December 1999- SMVC updates development plans that include a large
hotel complex, golf course, gondola, condos and retail.
June 13, 2000- SMVC representatives made a presentation to the Mountain
Village Town Council concerning annexing the Valley Floor to Mountain
Village.
June 26, 2000- The Telluride Town Council unanimously directed Town
staff to begin immediate work on appraisals, legal descriptions and
boundary surveys of the Valley Floor for the express purpose of condemning
the Valley Floor.
July 3, 2000- 1,500 people formed a human chain extending from town
to the Valley Floor at the Rally for the Valley.
August 15, 2000- SMVC Senior Vice-President, Johnny Stevens, advised
the Mountain Village Mayor and Council that SMVC would suspend its
efforts to annex the Valley Floor to Mountain Village.
2000- SMVC divided The North Side, the South Side and the Society
Turn Parcel into 21 tracts consisting of approximately 35 acres each,
presumably to convolute the condemnation process. SMVC retained ownership
of 7 of the tracts. At that time, holding companies Alle Oop and Boomerang
were vested with titles to 7 tracts each.
February 2001- An appraisal prepared by Chase and Company for Telluride
valued SMVC land, less the airport parcel (714.14 acres), at $22.6
mm.
March 27, 2001- The San Miguel Headwaters Valley Floor Scientific
Analysis conducted by Sustainable Ecosystems Institute found that
the Valley Floor had retained its bio-integrity and supports the largest
wetlands in the San Miguel river basin. The study found five new moth
species and a new genus, and that the ecosystem could potentially
host many endangered species such as the southwestern willow flycatcher
and boreal toad.
March 2001- The San Miguel River Restoration Assessment, spearheaded
by the San Miguel Watershed Coalition and prepared by the Trust for
Land Restoration, identified the San Miguel as "one of the West's
few remaining hydrologically-intact watersheds."
March 2001- The Telluride Town Council held a special work session
to consider condemnation of the Valley Floor.
April 10, 2001- The Telluride Town Council passed Resolution No. 3,
which authorized its condemnation counsel to proceed with a condemnation
action to acquire 714.14 acres of the Valley Floor.
July 2001- The National Trust for Historic Preservation lists the
Valley Floor as one of the 11 most endangered sites in the nation.
October 23, 2001- Following litigation initiated by Yogi Kirst, Doug
Tueller and Bob Dempsy Telluride revoked Resolution No. 3 and passed
in its place Ordinance 1157, which also authorized its condemnation
counsel to exercise the power of eminent domain on behalf of Telluride,
to condemn the same 714. 14 acres of the Valley Floor.
2002- SMVC representative offered to negotiate limited development
with town council. The South Side preservation was not on the table,
therefore, council voted not to pursue negotiations.
February 2002- Telluride Mayor John Steel released a memo outlining
the basic terms of a possible moratorium agreement he negotiated with
SMVC. The agreement called for suspension of condemnation efforts
for two years in return for SMVC's suspension of all development plans.
March 2002- Sheep Mountain Alliance (SMA), a local environmental group,
filed an initiated condemnation ordinance with the Town that sought
to condemn 570 acres of the South Side.
May 16, 2002- The Telluride Town Council repealed Ordinance 1157.
The initiated SMA condemnation ordinance approved by Telluride's electorate
at the special election was scheduled for June 25, 2002. Telluride
intended to condemn the 570 acres of the South Side identified in
the initiated condemnation ordinance.
June 2002- Telluride voted to acquire the South Side of the Valley
Floor through condemnation. Votes were 609 in favor, 385 opposed.
July 24, 2002- Town filed a Notification of Intent to Acquire the
570-acre parcel with the District Court.
August 9, 2002- SMVC filed a motion that stated Telluride breached
the Sewage Treatment Plant Agreement on the basis that the Town of
Telluride refused to provide sewage treatment service to SMVC due
to the condemnation action.
August 2002- Town filed a motion to dismiss SMVC's Complaint alleging
breach of contract.
November 2002- Telluride voted 505–326 to authorize the creation
of $9.9 million of new debt for the Valley Floor acquisition.
August 2003- The District Court dismissed SMVC's complaint of the
breach of contract.
August 2003- A new appraisal by Chase and Company valued the Valley
Floor at $19.3 million. SMVC’s appraisal prepared by National
Valuation came in at $48.2 million.
October 2003- Telluride made a "good faith offer" to buy
570 acres of the Valley Floor for $19.5 million. The offer was turned
down by SMVC who claimed the offer was in "bad faith."
December 3, 2003- District Court Judge Charles Greenacre additionally
awarded attorney fees and litigation costs to the Town from the Breach
of Contract claim.
January 2004- The Telluride Town Council voted unanimously to file
a legal action condemning the Valley Floor.
January 2004- SMVC appealed Judge Greenacre’s Breach of Contract
ruling with the Colorado Court of Appeals.
March 14, 2004- Telluride officially filed a Petition for Condemnation
in District Court.
June 4, 2004 - Governer Owens signed H.B. 1203, containing the so-called
"Telluride Amendment". The bill outlawed home-rule municipalities
from condemning property outside their borders for open space preservation.
SMVC attorney Thomas Ragonetti was seen as the driving force behind
the special purpose legislation that targeted Telluride's condemnation
efforts.
June 4, 2004 - SMVC filed an Answer and
Counter Claim asking the court to dismiss the Condemnation Petition
based on the new legislation.
June 24, 2004- The Town of Telluride filed a Motion to Dismiss the
Counterclaim stating that H.B. 1203 is inapplicable, unenforceable,
unlawful, and unconstitutional.
August 11, 2004- SMVC filed a Motion requesting a change of venue
of the jury trial to another county.
October 2004- The Colorado Court of Appeals upheld Greenacre's ruling
against SMVC's claim that Telluride breached the Sewage Treatment
Plant Agreement, and awards the town their attorney fees and costs
incurred during the appeal.
December 2004- Judge Greenacre set January 9, 2006 for the valuation
trial and ordered mediation to be completed by Telluride and SMVC
by no later than December 1, 2005. Neither party filed a motion to
object.
January 2005- Judge Green acre ruled H.B. 1203 unconstitutional.
June 16, 2005- Judge Greenacre denied SMVC's request for change of
venue.
June 2005- A new appraisal of the Valley Floor by Chase and Company
indicated a value of $26 million. National Valuation re-issued its
appraisal for SMVC and assessed the property's value at $51 million.
June 2005- Judge Greenacre ordered Telluride and SMVC into mediation.
December 2005- The Telluride Town Council presented the essential
elements and framework of a mediated settlement involving limited
development on the Valley Floor to the public.
January 2006- The Telluride Town Council adopted an ordinance approving
the framework for settlement and called for a special election on
February 14, 2006.
February 14, 2006- Telluride voted 603-439 to continue with condemnation
of the Valley Floor over the settlement proposal.
March 2006 – The Town of Telluride, National Trust for Historic
Preservation, Sheep Mountain Alliance and The Telluride Institute
join together to create the Valley Floor Preservation Partners.
March 14, 2006- SMVC renewed their motion to change the venue of the
jury trial to another county.
August 2006- Judge Greenacre ruled that SMVC is precluded from introducing
any evidence or opinions of value or damages for either the Larger
Parcel or the Condemnation Parcel that are based upon SMVC’s
Alternative A or Alternative B concept plans through the use of the
land residual method of valuation, either as a direct approach to
value or as a test of reasonableness. In addition, he dismissed SMVC’s
damage claims reducing their appraisal from $51 million to $50 million.
November 2, 2006 - Judge Greenacre issued
a sealed ruling to change the venue for the February 2007 valuation
trial from San Miguel County to Delta County, Colorado. Judge Greenacre
will preside over the trial.
November 7, 2006 – Telluride voted 585-333 to approve an additional
$10 million Open Space bond capacity increasing Town’s acquisition
funds to $30 million.
January 18, 2007 - Judge Charles Greenacre
ruled that the Landowner will be precluded from using or introducing
in evidence a $26.3 million Mountain Village sale during the final
valuation trial. The Court agreed with the Town that the parcels were
not comparable and stated "Comparing the Mountain Village Sale
to the Condemnation Parcel is akin to comparing subdivided property
to raw land."
February 5, 2007 - The valuation trial to determine the value of SMVC's
570-acre parcel begins.
February 16, 2007- Jury returns with verdict, and awards SMVC $50
million for the Valley Floor. The award raised the VFPP private fundraising
goal to $24.5 million.
March 14, 2007- District Court Judge Greenacre rules that the Town
must deposit the total award with the court by May 21, 2007.
March 22, 2007- Local attorneys' Bob Korn and John Steel file a Rule
59 Motion as interveners for the purpose of seeking a new trial.
March 27, 2007- SMVC filed a Notice of Appeal asking the Colorado
Supreme Court to dismiss the October 6, 2004 Order denying SMVC's
Motion to Dismiss and granting the Town's Motion to Dismiss Counterclaim,
which held that H.B. 1203 was unconstitutional, and that the Town
had the right to proceed with condemnation.
May 3, 2007- Judge Greenacre denies the intervention of attorneys'
Bob Korn and John Steel.
May 9, 2007- VFPP raises $24.5 million, $17 million of it in three
months. Combined with Town funds, $50 million is deposited with the
court. Telluride holds a press conference in Elk's Park announcing
the success of the fundriasing campaign and the deposit with the court.
May 22, 2007- District Court Judge Greenacre grants the Town's Motion
for Limited Possession during the appeal process. SMVC does not contest
the motion.
January 22, 2008 – After a series of briefs filed by both the Town and SMVC, the Colorado Supreme Court heard oral arguments in the case to determine if Telluride had the constitutional power of eminent domain to acquire the Valley Floor.
June 2, 2008 – The Colorado Supreme Court rendered their decision 6 to 1 in favor of the Town. As summarized in the decision “Because the General Assembly cannot deny home rule municipalities the eminent domain power conferred to them in the constitution, the court holds that subsection 4b (the Telluride Amendment) is unconstitutional with respect to home rule municipalities. The court thus concludes that Telluride’s condemnation of the property was lawful and affirms the judgment of the trial court.” Telluride celebrates in the streets and at an impromptu party in Elk’s Park all afternoon.
June 20, 2008 – District Court Judge Greenacre issued the final Rule and Order for the Condemnation Case filed on March 14, 2004 granting the Town of Telluride title to the 570-acre Valley Floor.
July 27, 2008 ¬– The Town of Telluride and the Valley Floor Preservation Partners celebrate one of the greatest conservation stories of all time with a Community Picnic on the Valley Floor.
Ongoing – Ecological Resource Consultants was contracted by the Town to conduct an environmental analysis of the Valley Floor property. The resulting scientific report will guide any necessary changes to the Conservation Easement as well as guide the Management Plan which will address the protection of sensitive areas and the activities ultimately allowed on the property.
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