Forest Home - Eminent Domain

Eminent Domain

I found this letter in March, slipped inside the envelope of my birthday card.  Gran just loves letters even though most people have forgotten what it’s like to write on paper instead of just sending an email. Letter writing is a dying art that she will keep alive as long as she walks this earth.

My dearest granddaughter Terrie,

I’m so excited to hear that your graduation ceremony from University of Colorado Law School, is in the early summer when I’ll have no trouble coming down from the mountain to attend.  I can’t wait.  I am so proud of you.  I’m already telling my friends at the Grand Lake Senior Center my granddaughter is going to be a Lawyer.  I have a special gift for you for graduation but It’s going to be a surprise for the big day.  I’ll have to engage a lawyer to get it ready for you but I don’t mind paying for someone to help me.  You deserve to be recognized for all of your hard work.

Please keep me posted on the details of the ceremony and be sure to let me know if anything changes.  I could never miss your big day!

Your Loving Grandmother, Essie

 Before the area was designated a National Park, there were private residences throughout.  My grandmother lives in one of those homes.  It’s a two-bedroom, log cabin on the eastern side of the continental divide. My grandfather built the cabin as a vacation home and ranch for himself, my grandmother and their only son, my father, when he was about 12 years old.  It became the family’s base for hunting trips, fishing trips, horseback riding and relaxing family vacations.  When Gramps retired, having just lost their home in Windsor to the 2008 tornado, he and Gran decided to move to the mountain residence rather than use the insurance money to rebuild. They toughed out the cold snowy winters and stayed year-round. Gran still lives in the cabin and, throughout the summer months, entertains all of her friends and family as well as the many park rangers that work in the area.  This year, she will be 80 years old and is as energetic and lucid as she has ever been.

Two months after sending this letter to me, she was contacted by the National Parks Service with a demand to sell the property to the Rocky Mountain National Park as part of an effort to ensure continuity and control access to the park and the Colorado River.  It was her intent to deed the property to me as a graduation gift and continue to live there as my tenant for the remainder of her life.  She refused to sell and was immediately served an eviction notice under the eminent domain laws of the United States.  She would be compensated for the market value of the property but had no choice but to move.  She was given a ‘generous’ 90 days in which to vacate.

Gran is devastated.  Not only does she not want to move from her home, but she also wants the property to remain in the family forever.  When the property was purchased by her and Gramps in 1970, it was not located within the park boundaries.  The fact that the boundaries were changed later should not affect Gran’s ability to retain ownership for as long as she chooses.  I am ecstatic that she would want to transfer the property to me upon my graduation.  However, I don’t want her to have to deal with the stress of a legal battle over retaining ownership.  I would rather she sell the ranch to the National Parks Service as required and move to town.  The promised payment of the market value of the property is more than enough to purchase a condo or small home and provide income for the rest of her life.

I’m on my way to visit with Gran and the attorney she hired to deal with the Eminent Domain issue.  The roads are good this mid-May morning with no construction or rain to impede my progress.  The weather is mild, with clear blue skies and a soft breeze blowing eastward.  The traffic on I70 through the canyon is light and the other drivers are behaving, making for a pleasant road trip.  It normally takes just over 1 ½ hours to reach Gran’s property from my home near the campus in Denver.  I should arrive well in advance of the appointment time of 11:00 am. Knowing this, I head off the next exit and into the drive-up of my favorite coffee place ordering a Chai Tea Latte to enjoy for the duration of the ride.

I do wish dad were the one helping Gran with this problem.  I realize he is busy with his own work, but she is his mother and he should be the one involved.  I understand that she has a lot of faith in me considering my legal training that is just about to conclude but I’m afraid the decisions I might help her with won’t be agreeable to the rest of the family.  Although we love each other unconditionally as a family should, we all have strong individual opinions and will probably differ on our feelings about this dilemma.  My brother Steve would want the property turned over to the National Parks Service for Conservation purposes.  My sister Anita would probably be upset that it’s going to me specifically because she feels entitled and doesn’t agree with the rest of the family that legacy properties should go to the eldest, which happens to be me.  I just want Gran to be happy.

Continuing on my drive and with my musings, I wonder where the next few years will take my life.  I’m excited about graduating from college soon.  However, moving from student to the work force, even in my chosen and much respected profession, is a huge change.  School has an abundance of projects and deadlines and requirements, but those associated with being a trial lawyer will be unending.  There are fewer milestones involved in everyday life and goals are usually set farther apart to span a lifetime rather than the few years of the educational calendar.  So far, I only have three clear goals.  One: get through graduation, two: pass the Bar Exam, and three: secure employment with a reputable law firm. A home, marriage, and a family are not yet on my radar although, hopefully, they are all in my future at some point.  I’m currently too busy to deal with the difficulties of a relationship or maintaining a home and kids are out of the question as long as I’m on my own. 

Arriving at the turn into Gran’s property, I slow the car and enter the long driveway that leads through the woods to the house.  As I approach the homestead, I note that the attorney’s car is parked in front as well as a jeep that is marked on the side with a symbol for the Rocky National Park Rangers rather than the Park Service, telling me this is a social visit rather than an official one.  Gran frequently entertains the park rangers and I suspect this one has stopped by for coffee and her famous Sicilian biscuits.  I hope he or she is not interfering with the meeting with the Lawyer.  Gran is too polite to ask one of her many fans to leave because she has business to take care of.  Instead, she will treat the visitor as if they have a stake in the issue, ask for their opinion and keep them involved to the end.  Maybe I can clear out the excess distraction for her and move the meeting along.

As I exit the car, I hear the ever-present babbling of the Colorado River as it crashes against the stones lining its banks and winds its way around Gram’s property on its trip, forever southwest and ultimately out to the Gulf of California.  I pause, close my eyes, and just listen. The sound of the American Robins chirping in the many aspens covering the property is present but muted by the rushing river.  It’s no wonder Gran wants to live here forever. It may be the most beautiful, most peaceful place on the planet.  It’s probably not but at this moment, it sure seems like it. 

I open my eyes, bring myself back to reality, and walk up the front steps to the cabin.  I don’t knock knowing that Gran is expecting me and walk in the front door which opens into a large sitting room, decorated, cabin style with log furniture and a pot-bellied stove in the corner.  Gran and Mr. Allen, the attorney, are sitting on the sofa and a man in green khaki whom I assume to be the park ranger is in the chair in the corner of the room directly across from them.  My attention centers on Gran as I look for signs that she is not doing as well as ever. Finding her looking great, as expected, it moves quickly to the attorney whom I have not yet met.

Gran, wearing her ever present huge smile, introduces me to Mr. Allen and then brings my attention to the man in the corner.  I had only glanced at him when I came in the door. Now as I scan his appearance, I’m welcomed by another smile coming from what looks to be a tall man (maybe 6 feet), with dark brown hair, bright green eyes and just enough facial hair, neatly trimmed, to cause inappropriate thoughts that assault my system, and make me blush deeply. In fact, deeply enough that I am suddenly warm and long to turn around and head back on outside into the cool, breezy mountain air.

I quickly pull myself together and shake hands with first the attorney, Frank, and then the Ranger, Brian.  The attorney has cold hands with little or no grip.  Brian takes mine into his, making it warm and comfortable as he brings me into his full gaze, which is so calmly accepting of the situation, I am no longer blushing, no longer nervous, but miraculously and completely at ease.  I pull up the other armchair to be in close proximity to those already in the room and sit, joining the meeting as planned.  Before I have time to get comfortable, the whistle of the tea kettle is heard and I immediately rise to fetch the tea service from the kitchen to make sure that Gran does not head in there to get it herself. 

I pour the boiling water into four individual tea pots and place them on the tray.  Gran has already arranged the boxed variety of teas along with various sweeteners and four cups, saucers, and teaspoons toward the center.  Two plates of cookies, one Italian anise and one almond biscotti are on the sides, flanking the tea items.  I lift the full tray easily and carry it into the sitting room, placing it in the center of the coffee table within the reach of Gran and her guests. Gran does not stop speaking to Mr. Allen about the progression of events that led to herself and Gramps making the mountain ranch their home upon their retirement.  She does offer me a sweet smile of thanks and continues with her story.

Not wanting to interrupt, I sit again in the armchair and begin to listen to the tale I had heard so many times before.  “Vinnie and I bought this place in 1970. Our son Johnny had gone horseback riding with some friends and came home talking about nothing but.  Since Vinnie enjoyed horseback riding also, we decided to look at some property in the mountains suitable for horses as well as other wilderness activities.  It would be our vacation home as well as board for few animals, maybe some owned by others to help defray the cost.  We would hire a caretaker to attend to the livestock year-round.  A realtor friend of ours found this property in the recent foreclosures and put in a bid for us.  Because we acted so quickly, our bid was accepted and we took possession a month later. “

“We bought 4 horses, thinking that we needed to have a few extras for guests and hired Eduardo to take care of the property and the livestock year-round. We also began to advertise for up to an additional four horses to board. We built an apartment above the barn for Eduardo.  He was in his twenties then and is still with us today but no longer lives here. He moved to a place in Grand Junction when Vinnie and I moved here permanently. The reason we decided to relocate to the ranch was the 2008 Windsor tornado.  Our house was one of those completely destroyed by the storm. It was on a small, rural piece of property and we chose not to rebuild it.  We accepted the payout from the insurance company and sold the land to our son, Terrie’s father, John.  He built a new house on the lot and lives there now.  He says he’s comfortable there, knowing the likelihood of another tornado hitting that exact spot is very remote. We were devastated to lose our home but we had this one and loved it also, so it seemed natural to move up here.  Vinnie was retiring and no longer needed to worry about getting down the mountain for work so we would just stay all year.”

“Vinnie passed on only 8 years later.  His cancer was fast moving and didn’t cause him much suffering.  He said his bucket list was complete and he knew I was taken care of for life with family to watch out for me and a home that was paid for. I also had the entire forestry department to help keep me safe.” She looks over and smiles at Brian, then continues. “His last words to me were ‘I love you Essie, and I know you are safe and well cared for.  I can go in peace,’ and he did.  I had then, and have still, no thought to ever leave here.  This is my home and Vinnie will always know he can find me here.  He visits often in my dreams.  I will not leave him.”  That last part of Gran’s story always makes me cry and today is no different.  As I wipe my tears, I notice that Brian is watching me and I blush again. His quick smile calms me again and I sit back to listen as Gran continues.

“The barn apartment is still used for guests and as a vacation rental. I hire Eduardo’s daughter to keep the apartment and the house clean for me and to get the rental ready each time It’s booked or I plan to have a guest.  I frequently cook for my visitors here at the main house.  Hopefully, I can continue to do so for as long and people want to come and stay here.  With the apartment for rent and used often, and the additional four horses we board, I feel that retaining this property does not impede the public’s access to the park or the river in any way.  I am happy to entertain any and all visitors and will not be moving under any circumstances.  We must make sure the Park Service cannot force me out.  I will write to my Congressmen and the President himself to make them understand that this is my home and my property to do with as I please.  What I please, is to leave it to Terrie, my eldest grandchild as is tradition in our family.  I expect that someday, many years from now, she will do the same.”

“Mr. Allen,” I inquire at the end of Gran’s story, “What legal defense can we use against Eminent Domain in this case? It sounds like the Park Service has the legal authority and the funds to acquire the land.” “You are correct, Terrie, and please call me Frank.” He responds. “The only legal precedence I can see that may work is the fact that the Park is contiguous without your Grandmother’s parcel.  It’s not surrounded by the park, but at the edge and therefore does not need to be within its boundaries.  We’re going to have to try and get the property removed from the park as immaterial to the land use ordinance that created it the first place.” I have already filed a request to delay the eviction by a period of six months to one year.  Next, we’ll order our own appraisal and I will need to do some research on legal precedence to learn if any parties have ever been successful at an attempt to remove their properties from park boundaries in order to avoid the eviction process.  I need an income statement and balance sheet, if possible, for the rental and boarding activities. This is important to get right away as it affects the appraisal.  Income producing properties generally appraise for much more than residential properties and I’m counting on the possibility that the Forest Service ordered their appraisal based on the later.”

“Wow, that sounds like a lot of work.  I have access to an extensive law library at the college if you need me to help with some of the research,” I offer. “Thanks, Terrie,” Frank responds.  “I’ll let you know if I have trouble finding what I need using my own resources. Essie has already given me your contact information.  I’m quite sure I’ll be using it.”  Brian, also a Lawyer, I’m just finding out, offers to help with some of the research also, if necessary.  “I think I have access to the same law library as Terrie does as our colleges have some kind of research materials sharing agreement” he mentions. “What, you’re a law student, when do you graduate?” I ask.  “I’m not a student. I graduated two years ago and passed the BAR in South Dakota.  I just wasn’t ready to settle down to wearing a suit and tie and being confined to an office all day yet.  I took this job with the Forest Rangers instead.  When I’m ready, I’ll probably return to South Dakota and open a practice in the small town where I grew up.” He explains. “Oh, that makes sense.  It’s great that you have the freedom to do what you want for a while and then get moving on your career later. If I did that, my father would probably disinherit me.  He is so set on me finishing school and getting a great job as an example for my two siblings!” “I trained that boy right, didn’t I?” Gran questions with a huge grin!

“See what I mean? I would never get away with taking time off from building my career.  The two of them would gang up on me and I’d never have a minute of peace.” Frank and Brian both laugh but the look on Brian’s face is more sympathetic than amused.  I suddenly feel a bond of kinship with him.  He knows what my struggle is like, being the eldest and always having to set the example.  I’m starting to wonder if that’s why Brian is here.  Maybe it’s not a coincidence.  Did Gran invite him thinking he could help with her case or is she match-making again?  He is ruggedly handsome, very athletic, and he and I seem to have a lot in common.  I have to be careful with that brain of mine.  The last thing I need to do is start fantasizing about him while we’re in the same room together.  I bring myself back to the present and back into the conversation which is wrapping up quickly.  We have a plan and possible assignments.  Frank will contact us with any help that he needs.  Gran will contact the accountant to get the financials and her tax returns to Frank as quickly as possible. 

Brian rises to leave and says his goodbyes to Gran and Frank.  He then turns to me and asks “Terrie, would you please step outside with me for a moment?  I have a couple of questions I would like to ask you.” “Sure,” I reply. I look at Gran accusatively as I follow Brian to the door. She simply smiles and turns toward Frank to thank him for his time and send him on his way also.  I walk outside with Brian and we move slowly toward the barn and away from the house. Trying to be cool and not get the wrong idea, I begin the conversation. “So, what can I help you with?” I ask.  He stops me, turns me toward him, smiles and says, “We have too much in common for our meeting today to be a coincidence.  I think Essie is playing at a bit of matchmaking.  What do you think?” “I totally agree. Should we indulge her and go out or should we pretend we didn’t notice and move on?” 

Brian’s smile gets a bit brighter as he replies, “I need to be in Denver all day on Wednesday for a Park meeting. How about I take you to dinner and we decide our next move from there?” “That sounds like a wonderful idea”, I respond. “We can spend some time getting to know each other and if Frank has given us assignments by then, we can strategize and kill two birds with one stone.  Wednesday is a light day for school so that should work out great for me.” “Perfect.  I still have one other question for you but I might need to ask Essie.  I just wanted to talk to you before you left so I didn’t bring it up. Do you think she would be willing to rent the apartment in the barn to me on all of the weeks she doesn’t currently have reserved?  I’ve been staying in a motel and, the location of this place is perfect.  I don’t want to rent anything long term because my contract with the Park Service runs out at the end of December. “

While trying to calm the fluttering in my chest I begin to explain.  “Gran has a website with an online reservation system for the Apartment.  You can actually sign in and look at the calendar to see what’s available, then just book the open weeks.  There’s no maximum number of nights you can book.  Once you’re confirmed, you might want to ask Gran if she’s willing to discount the rates based on the number of nights you’re reserving.  I’ve seen her do it before. Otherwise, it may be too expensive.” “I’m not worried about the cost.  It’ll be better than the overpriced motel I’m staying it but I’ll be sure to talk to her about it.” He explains.

We pause our conversation as Frank exits the house, waves to both of us and shouts. “I’ll be in touch”, gets into his car and drives off.  “That’s my cue to say goodbye to Brian and go inside to see if Gran needs me for anything before I head out of the forest and down the mountain.”  As I watch him go, he stops, turns back toward me, winks mischievously, gets into his car and is gone. I miss him already.  How can that be? I know next to nothing about him.  I walk back to the house, up the steps and through the door with the thought of confronting Gran on the matchmaking but decide to let it go.  Instead, I give her a kiss on the cheek and ask, “Is there anything I can do for you before I head back to town.” Her answer causes me to simply shake my head, turn around with a chuckle and head back on out the door.  “Don’t mess things up my dear granddaughter.  He is perfect for you and I want to see you settled down with a nice young man before I leave this earth.”  I love my Grandmother and always will.  One day, she’ll be gone and I’ll miss her meddling.  Today, I’m simply confused and anxious because I’m not ready to start a serious relationship, yet, I think she may have found the perfect prospect.  It’s too soon, but I won’t be able to fight it.