Weld County authorizes eminent domain to acquire land for Bridge 1946½ replacement

The Weld County Board of County Commissioners on March 4 authorized the county attorney to file eminent domain proceedings to acquire two parcels from Little Thompson Ranch LLC needed to replace Bridge 1946½ along a key county route.

Assistant County Attorney Adria Schiel told the board that the county has worked with the property owner for years, has made offers and that the project qualifies as a public use under Colorado statute. Public Works staff said the bridge — built in 1960 and carrying more than 3,000 vehicles a day — was assigned an emergency repair finding in the state inspection program that must be addressed by Dec. 31, 2027.

Curtis Hall, director of Public Works, said staff has secured two state bridge grants totaling $3 million and that design work was substantially complete by May 2025. Hall recommended proceeding with full replacement rather than temporary repairs, which he said would cost about $2 million and extend the structure's life by only about five years.

A county right‑of‑way consultant, Mitch Hough of Western States Land Services, described the appraisal process and offers made to the owner. Hough said the county's appraisal established fair market value at $50,100; an initial offer (with a 30‑day incentive) totaled $62,261.40. A later last written offer dated Jan. 26, 2026, was for $88,100; staff received no response by the stated deadlines.

Owner Keith Binder, representing Little Thompson Ranch, told the board he has been involved only recently in estate matters and asked the board to postpone condemnation to allow the family's engineers and counsel time to finish pending work. "I would like to postpone getting condemned until we can sit down and work things out," Binder said. He added that outstanding concerns remain about drain tiles and field access where the county's proposed access would cross wet ground.

Commissioners pressed staff on whether drainage and irrigation concerns had been addressed; county engineers said irrigation structures and a relocated driveway were included in the design and that the contractor would construct an all‑weather access surface and replace irrigation structures. Don Dunker, county engineer, said the design also added pipe work and riprap to reduce right‑of‑way impacts and better protect the road and adjacent land.

Public Works project staff described the proposed new bridge as 35 feet wide and 230 feet long, about 7 feet higher than the existing structure, and said the replacement has been in the county's capital improvement program since 2015. Engineers said the project has environmental permitting and timing constraints tied to species protection (the Preble's meadow jumping mouse) that require specific field work in August or the county would lose that construction window for a year.

Commissioner Kevin Ross framed his remarks as findings of fact and moved that the county proceed with eminent domain to acquire the needed interests; Commissioner Jason Maxey seconded the motion. Ross cited the bridge's age, the decade‑long planning history, the public need (traffic volumes) and the county's fiduciary responsibility to taxpayers in light of sharply rising cost estimates. The motion passed on a voice vote with the board saying "aye." Scott James, chair, noted that authorizing filing does not prevent continued negotiations.

What happens next: The county attorney's office will prepare and file the petition pursuant to Colorado Revised Statute §38‑1‑101. Staff said negotiations can continue after filing and that the filing is a step to preserve construction schedules and avoid further cost escalation.

Clarifying details drawn from staff presentations and the record: appraised fair market value $50,100; initial offer with incentive $62,261.40 (deadline 01/17/2026); last written offer $88,100 (deadline 02/09/2026) with no response; two parcels sought (approx. 1.116 acres and 0.862 acres); two state bridge grants totaling $3,000,000 secured; 2013 flood previously overtopped the existing bridge; 2022 estimated project cost $5,000,000, current estimate noted to have grown to over $11,000,000; project design complete as of May 2025; biological field window in August for species protections.

The board's authorization allows filing but does not foreclose settlement talks; the owner and counsel were encouraged to continue working with county staff to attempt a negotiated resolution before any court determination.