Posts tagged Boulder

Law firm chosen to aid city in potential condemnation proceedings with Xcel Energy

The City of Boulder has selected the law firm of Duncan, Ostrander & Dingess, PC to help the city as it begins potential condemnation proceedings for the electric utility system within city limits that is currently owned by Xcel Energy.  The firm will advise the city in all matters related to the acquisition of electrical distribution facilities and will work to determine the fair value of those facilities.

The city has retained this counsel to provide expert assistance as it moves towards potential municipalization of the electrical distribution system in Boulder, which stems from the passage of ballot items 2B and 2C in November. The city has said it intends to hire outside legal counsel, as well as engineering consultants, to perform some of the work necessary to determine the final costs associated with acquiring Xcel’s system and starting a city-owned electrical utility. City Council will not make a decision about whether to issue bonds to pursue municipalization until those costs are known.

If the city decides to proceed with asset acquisition, and a price cannot be negotiated with Xcel Energy, Duncan, Ostrander & Dingess, PC will file all legal actions that may be necessary to work through the condemnation process. The firm will work closely with city staff and Federal Energy Regulatory Commission (FERC) counsel, engineers and appraisers as the city creates a separation plan and conducts negotiations.

Duncan, Ostrander & Dingess, PC was chosen from a field of 10 original submissions that was narrowed down to three finalists after a review of all credentials. In evaluating submitted proposals, the city looked at whether the firm had prior experience representing governments in condemnation proceedings, and the nature and extent of its practice in Colorado.

Duncan, Ostrander & Dingess, PC has more than 30 years (as individuals and then as a firm) of service helping governments, urban renewal authorities and utility companies to acquire property for public projects in a timely manner and at fair prices, and has previously represented the City of Boulder in condemnation proceedings. In 2011, U.S. News & World Report designated the law firm as “Best Lawyers Tier One – Eminent Domain and Condemnation, and Litigation – Eminent Domain and Condemnation.”

The firm and its individual members have served as lead counsel for a number of high-profile public projects that required acquisition of multiple parcels in numerous jurisdictions under time restraints imposed by bond financing or other public financing. These include E-470, T-REX, Prairie Waters, FasTracks, the White Cliffs Pipeline and the Rocky Mountain Express Pipeline.

For more information on Duncan, Ostrander & Dingess, PC, visit www.dodpc.com. Visit www.BoulderEnergyFuture.com for more information on the city’s work related to potential municipalization.