Commissioners OK resolution to possibly use eminent domain to acquire parcel in Edwards

The Eagle County commissioners on Tuesday unanimously passed a resolution that would allow them to exercise eminent domain powers to acquire a disputed half-acre of private land adjacent to a county-owned, 3.16-acre parcel for parks and open space in west Edwards.

Eagle County in 2023 reportedly paid $3.8 million for what was at the time deemed approximately four acres of the Riverhouse parcel along the banks of the Eagle River just to the west of the Eagle River Village Mobile Home Park and north of U.S. Highway 6.

But in September of 2025, Matt Larson of Denver-based Rediger Development, after months of trying to clear up his ownership of a half-acre of land between the county’s Riverhouse parcel and the mobile home park, accused the county of a “land grab” through adverse possession. He is trying to build six units of affordable housing on what he calls the Peterson parcel.

On Tuesday, the county commissioners listened to a presentation from Eagle County Deputy Manager Regina O’Brien on how the county determined the best use for their land was park space and why eminent domain may be necessary to acquire the disputed parcel. She detailed surveys, tours and listening sessions that took place in 2025.

“Stakeholders consistently identified that a lack of parks and playgrounds in West Edwards was there and they strongly supported uses such as open space, river access, picnic areas and a playground,” O’Brien said. “Along with open space, feedback showed that access to nature and kind of a respite area was welcomed and it also reinforced concerns about continued development and density in the area, rejecting the idea of placing more housing on the parcel.”

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Larson, who has ties to the Vail area and experience building both high-end homes and trying to build affordable housing for local workers in Eagle County, wants to utilize federal Low-Income Housing Tax Credits (LIHTC) for what he calls the Left Bank project on the Peterson property. Originally, Larson said he was trying to work with county housing officials to provide a template for tapping into the 9% federal credits going forward and a proof of concept in other ski towns.

Larson claims he rightfully owns the narrow half-acre Peterson parcel after paying $10,000 for the land where he wants to build six price-capped rental units at 60% of AMI (area median income), or about $1,500 a month for a two-bedroom apartment. He says he wound up paying another $10,000 when the Petersons opted not to participate in the development.

Outside legal counsel to the county commissioners, Patrick Wilson, urged them on Tuesday to negotiate with Larson before exercising eminent domain powers to acquire the land.

“I will tell you that when I advise public entities that need to acquire property for public purposes and there’s a possibility that the use of eminent domain may be necessary for one reason or another, I always emphasize the negotiation part of the statute,” Wilson said. “The statutes require the county to negotiate in good faith and I believe the county will do that.”

Larson on Wednesday said he is not interested in selling his land, and that in March, acting as an entity named Edwards Affordable Housing LLC, he filed a federal civil rights lawsuit in U.S. District Court in Colorado against Eagle County Assessor Mark Chapin and all three Eagle County commissioners. He did not provide further comment before press time on Wednesday.

Tuesday’s resolution directs county staff in conjunction with the county attorney to make offers to purchase the property to anyone with a claim on it, Wilson said, adding the county will have to pay for another appraisal and make an offer. If an agreement can be reached with Larson, the county would seek a quiet title decree in district court to once and for all clear up the title.

“There’s some uncertainty about the true ownership of the property, but it does not seem to be that the county has any clear right to the property other than this historical access easement that came with the Riverhouse parcel to the west,” Wilson said.

Eagle County Commissioner Jeanne McQueeney said in her 12 years as commissioner this is the first time the county has had to move to use eminent domain to acquire private property.

“We don’t take this step lightly … but we do need to exercise eminent domain when negotiations do not work,” McQueeney said. “This is just the start of that process. This is not the finished product, and hopefully we will be able to come to some resolution with the adjacent property owner.”

Eagle County Commissioner Tom Boyd said he needed to correct the term “adjacent property owner.”

“My understanding is this is not clearcut and it’s not my role to determine who owns what but I do believe this is a legally unverified claim to that strip,” Boyd said. “We’re negotiating still in the spirit of good faith …. I also think that no matter how much research folks may or may not have done on some ideas for how that strip could be used, and while I’m very much a supporter of affordable housing in general, I don’t believe this project could actually ever be used for affordable housing in that location.”

Unincorporated Eagle County resident and real estate adviser Joanna Kerwin told the commissioners the resolution was problematic for several reasons.

“This action states a concerning precedent. It sends a message that if Eagle County wants a piece of property badly enough, it can use the power of eminent domain and take it even if the property owner has legitimate public benefit also,” Kerwin said. “Affordable housing at 60% AMI is a public benefit.”

Kerwin was also worried about the amount taxpayers will wind up paying for the parcel on top of the nearly $4 million purchase price.

“I would love for that all to be one park, one parcel, open space, but I don’t believe that this is how we should go about it as a county,” Kerwin said. “If the individual does not want to sell the land and you force eminent domain, then this is going to be potentially a really irresponsible use of taxpayer money.”

Boyd said he hopes this process doesn’t overshadow the public benefit of a park in the area.

“This is a much-needed community asset,” Boyd said. “There are a lot of good things that are going to happen there. This is just one of those steps along the way, so I hope the community will follow us on this journey to what I think will be a wonderful thing, especially for the population that I care a lot about as the District 2 representative there in Edwards. A lot of the folks in that area are hard-working folks that really keep our community moving.”