Colorado Lawmakers Move To Rein In Utility Eminent Domain After Xcel Land Dispute

By: Marissa Ventrelli | Colorado Politics

After months of backlash over Xcel Energy’s use of eminent domain in eastern Colorado, lawmakers representing Elbert and El Paso counties are advancing legislation that would bar utilities from initiating property takings until they’ve secured state approval and all required local permits — a move supporters say will restore fairness and prevent landowners from being forced into legal limbo.

House Bill 1278, sponsored by Rep. Chris Richardson, R-Elizabeth, and Sens. Marc Snyder, D-Colorado Springs, and Rod Pelton, R-Cheyenne Wells, would require utilities to receive a certificate of public convenience and necessity from the Public Utilities Commission, as well as all necessary local land use approvals and permits, before initiating eminent domain proceedings.

In 2021, Xcel announced plans for “Colorado’s Power Pathway,” a $1.7 billion, 550-mile high-voltage transmission project that would connect the Eastern Plains to the Denver Metro Area. Ground officially broke on the project in the summer of 2023, with final segments expected to be completed in 2027.

Last July, commissioners in both Elbert and El Paso counties denied Xcel’s permit applications to build nearly 100 miles of high-voltage transmission towers. According to Elbert County, the applications failed to meet approval criteria.

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