10th Circuit Holds Colorado’s Urban Renewal Statute Violates Due Process in M.A.K. Investment Group v. City of Glendale

Brownstein Hyatt Farber Schreck
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On May 14, 2018, the U.S. Court of Appeals for the 10th Circuit issued a surprising ruling establishing that a municipality must provide individual notice to property owners whose property is located within an area determined to be blighted after such determination is made, despite Colorado’s urban renewal statute providing for numerous other notice requirements. Accordingly, this ruling creates a requirement that a municipality provide notice to property owners both before and after the condition survey (blight study) is performed, even though the after-notice is not required by statute.

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