Cities and counties are careful when they say the words eminent domain at the state Capitol these days.

The controversial issue has been causing tempers to flare since at least last year, when a proposed Front Range toll road known as the "Super Slab" brought hundreds of angry property owners to the Capitol.

This session, a half-dozen measures have been introduced or are in the works to address eminent domain - basically defined as a government's power to condemn private property for public projects.

Lawmakers are split on the issue.Some want to ban the use of eminent domain powers for economic development and private toll roads.

Others argue that eminent domain laws are needed to foster private investment in public infrastructure and to turn around blighted areas and aging downtowns.

They say that getting rid of eminent domain altogether is throwing the baby out with the bath water.

"Eminent domain is not out of control, and it's not broken," said Sam Mamet, executive director of the Colorado Municipal League. "We will oppose any legislation that unreasonably restricts our power to use condemnation for redevelopment purposes."

Rep. Cory Gardner, R-Yuma, disagrees. "We've seen it abused in the case of the Super Slab (and) Wal-Mart trying to condemn property," Gardner said. "Anytime you use eminent domain wrong once, as far as I'm concerned, it's out of control."

Gardner is sponsoring HB 1099 to bar governments from taking private property other than for an explicit "public purpose," such as constructing a bridge or road. It would also ban governments from turning over condemned property to private developers.

Sen. Tom Wiens, R-Castle Rock, has revived a bill, vetoed last year, to overturn a state law enacted in 1877 that allows developers to condemn land for private toll roads.

A bill by Rep. Lynn Hefley, R-Colorado Springs, would require special districts to hold elections before eminent domain powers could be used.

Another bill by Rep. Gwyn Green, D-Golden, would bar a private developer of toll roads from partnering with Colorado or with cities and counties to divert traffic from highways or streets onto a private toll road.

Sen. Bob Hagedorn, D-Aurora, said he plans to introduce a bill that would pave the way for a "middle-of-the-road" measure on the ballot to limit a private developer's use of eminent domain. But it would uphold cities' and counties' right to condemn property to redevelop blighted areas.

"I'm the first to say some cities have gone out their way to abuse their eminent domain powers," he said. "In spite of these cities, it's still a tool we need in the future."

Rep. Al White, R-Winter Park, has joined a coalition of citizens groups fighting the Super Slab. White plans to file a bill asking the legislature to approve a referred measure that would place an initiative on the 2006 ballot to restrict the use of eminent domain for economic development.

Last June, the U.S. Supreme Court ruled that governments can take private property for economic development. Also fueling the push to restrict the practice are disputes in the past two years involving the construction of a Wal-Mart in Arvada, a Walgreens in Northglenn and the Super Slab.

Last session,Gov. Bill Owens vetoed Wiens' bill to prohibit developers from condemning property. On Tuesday, he promised to do the same this year. Eminent domain is a vital tool, Owens said, that's needed to encourage private investment in public infrastructure and redevelopment projects.

In 2004, lawmakers placed additional restrictions on urban renewal authorities' use of condemnation.

Tracy Huggins, executive director of the Denver Urban Renewal Authority, and Mamet say Colorado's eminent domain laws are among the most restrictive in the nation, and most counties and cities rarely take property by force.

"It's a tool that is used very sparingly," Mamet said.

"If the problem is toll roads, then amend that statute to fix it. Don't take a rifle and fire it all over the place."

Senate Bill 78

The Senate Transportation Committee will consider a bill today to ban private companies from condemning private property to build a toll road.

• Sponsor: Sen. Tom Wiens, R-Castle Rock

• Where: Old Supreme Court Chambers, Capitol

• When: Upon adjournment of both House and Senate, which convene at 9 a.m.

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