Looking to condemn the road for an easement
[ by Mark Reaman ]
A contentious request to use the main road in the Trapper’s Crossing subdivision to access some landlocked lots overlooking the Slate River Valley will be heading to Gunnison district court on March 24.
The development group, Scenic Butte Partners LLC, owns 160 acres on the north side of Mt. Emmons basically above the Climax Chutes and is seeking the court to approve a private condemnation against the Trapper’s Crossing Association and a lot owned by Vanguard Atlantic Ltd.
In the court filing, Scenic Butte Partners makes clear they would like to build two single family homes on the property but the property is landlocked with no legal access. Access would have to go through private property as well as some Forest Service and BLM land.
“The only reasonable and desirable route to access the Scenic Butte Property is via Trapper’s Way in the Trapper’s Crossing Subdivision, then continuing over Lot 20A (the Vanguard lot) and over portions of property owned by the Bureau of Land Management (“BLM”) and the United States Forest Service (“USFS”),” the court petition states. “…Scenic Butte Partners has negotiated in good faith with Trapper’s Crossing at Crested Butte Association and Vanguard Atlantic Ltd. for an access easement across each of their properties. However, the parties have been unable to reach an agreement for an access easement.”
The development group has submitted applications to both Gunnison County and the Crested Butte Fire Protection District. It has also made clear to the court that it offered $20,000 to the Trapper’s Crossing Association to purchase an easement but that offer was rejected. Offers to the Vanguard lot owner were similarly rejected with no counteroffer.
So the developers are requesting that court issue a condemnation decree granting access over the road and the private lot along with determining the amount of appropriate compensation for the easement.
Given the location, the town of Crested Butte has its attorney keeping an eye on the court proceedings.