Hearing held in eminent domain case involving Palizzi Farm, Parkland Metro District

Source: KUSA.com

BRIGHTON, Colo. -- The community of Brighton is rallying behind Palizzi Farm as the family fights to keep ownership of their land.

Parkland Metro District is developing a new subdivision near Brighton, and developers said they need to build a stormwater pipeline under Palizzi Farm's property.

The case was heard by a judge Monday in Adams County Civil Court. The Parkland District wants the court to grant them immediate possession so they can start construction in November. Palizzi Farm asked the district to either revise its plans or go away.

All this started following a September 2023 Brighton City Council meeting when members granted Parkland Metro District eminent domain over a portion of Palizzi's farmland. In Colorado, eminent domain gives governments the power to take private property, even if the owner doesn't want to sell.

City council members told 9NEWS that they voted "yes" because they were promised the pipeline wouldn't impact farming. But at Monday's hearing, the community learned that it would impact farming if developers move forward with preliminary plans.

Aaron Clutter, who works as a civil engineer for the Parkland Metro District, testified at the hearing and said they would need to install four stormwater pipes on a portion of Palizzi's farmland, with each pipe buried no deeper than two feet underground.

"Based on the information that I've received in the last week; I was not aware of the plow depth. I was not aware of the furrow depths so that's all-new information at this point," Clutter said.

Debbie Palizzi, who owns the land, told the court that they "rip" through at least four feet of soil when prepping for planting season. She said the project as proposed would destroy their farming operation.

"It would completely divide our farm in half, and as it stands today it would completely eliminate the irrigation ability on my farm," Palizzi said.

Jack Hoagland also testified at Monday's hearing. He's one of the developers on the new Parkland Metro District subdivision project, and he's board president of the Parkland Metro District.

"We are serious," Hoagland said. "We are in a hurry, and we are willing to listen."

Palizzi Farm had an overwhelming amount of support on Monday. Not only was the courtroom full of supporters, but building staff had to open two overflow rooms for people to listen in on the hearing.

The judge on this case isn't expected to make a decision until after May 30. She said she hoped the two parties come to an agreement before then.