Colorado Department of Transportation to pay around $3 million after losing eminent domain challenge

The Colorado Department of Transportation got a stinging verdict from a jury Friday in a court challenge over an eminent domain action in Genesee.

The verdict means CDOT will have to pay a total of approximately $3 million, of which $2.3 million will go to the property owner and the remainder will go to attorneys for the plaintiff and court costs.

"This is just a wonderful day, and we won for a reason," said 81-year-old Jeri Mickels.

The ruling came after Mickels challenged CDOT's attempts to acquire 17 acres of property on the north side of Interstate 70 near an animal underpass completed in 2024. CDOT started the project in 2022, before deciding to attempt to acquire the land.

That move came as an unusual afterthought during construction, when the agency decided to make a bid to buy the land to prevent development and create a space for elk to cross under the highway.

But Mickels, who at the time owned a home on a separate adjoining lot, felt the offer was too low and rejected it. CDOT came back with an attempt at eminent domain, and Mickels took it to court.

Friday, a jury sided with Mickels and the property value appraisals brought by her realtor, Kay Bohan.

"My kids are tired of hearing CDOT, CDOT, CDOT, and they have to be sick of it," said Mickels, who had hoped the land would be an eventual benefit to her family.

"It's about fairness, of where market value is. You don't go out and try to fit a narrative; you absolutely have to look at fair market comps in the marketplace and the immediate surrounding area," said Bohan.

CDOT did not return calls for comment on the jury's verdict.

Friday evening, Bohan and Mickels were out celebrating the victory.

"What's right is right. I truly believe it," said Mickels.