The Fort Collins urban renewal board officially opened the door to buy the former Albertsons grocery store on North College Avenue without the cooperation of the property owner.

On Thursday, the Fort Collins Urban Renewal Authority board of commissioners authorized the use of eminent domain to acquire the property, which it has determined is blighted and a detriment to the community without redevelopment.

Eminent domain allows a government to take control of private property in order to provide a public benefit, without the owner’s consent but after paying just compensation for it.

Prior to the vote, the board was given a report from a June 11 visual inspection by URA staff, which concluded that blight persists 10 years after the Albertsons closure.

Survey says: 6 areas of blight still present

Colorado law defines blight as “an area that substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare.”

Here’s what the survey report observed at the site of the former Albertsons, 1636 N. College Ave., which closed in 2014:

• Slum, deteriorated or deteriorating structures: “clear evidence of damage from vandalism and fire (possibly intentional)” along with water damage from possible roof leaks.

• Unsanitary or unsafe conditions: feces, potential bio-hazardous medical waste, exposed electrical wires, tripping hazards, broken glass, discarded undergarments, and general rubbish

• Deterioration of site: Damaged parking lot, curb and gutter, and sidewalks. “Stormwater drainage appears to be impaired, and some drains appear to be blocked by rubbish. Landscaping is unkempt, and trees appear damaged.”

• Conditions that endanger life or property: “Evidence of a recent fire (potentially intentional) was apparent and evident, as well as presumable electrical shock risks.”

• Environmental contamination: “Evidence of automobile repair is apparent, with used parts and several patches of potentially spilled oil observed in the parking lots. Broken computer parts were also observed.”

• Health, safety or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy: “The vacant former Albertson’s remains vacant. Abandoned vehicles with tickets or warning stickers, and no visible license plates, are present in the parking lot. Stormwater drainage systems may be obstructed by rubbish. Fire hazards may continue to be present.”

What happens next?

The board’s OK doesn’t mean the eminent domain process will be used, but it allows for an involuntary sale by using a specific legal process, if the URA decides it wants to pursue that.

“There are many off-ramps on this, so it’s not a done deal,” board member Kristen Draper said.

URA staff have described the move as a Plan B.

“We’ve done a lot of due diligence to purchase the property without eminent domain, and we just haven’t seen a lot of movement,” said Emily Francis, a board member who is also mayor pro tem on Fort Collins City Council, said during the meeting. “I think it’s a good next step for the board to take in potentially acquiring this building and making this a community asset for the North College community.”

Andy Smith, the URA’s redevelopment manager, said the board is trying to beat a 2029 sunset date for funding to make improvements along North College Avenue as part of the North College Urban Renewal Plan.

“While the seller has provided a few positive updates regarding their discussions with Albertsons, the (board) decided it is time to establish a back-up option to acquire the property if delays persist,” Smith said in a news release.

“The board remains hopeful we can buy the property from a willing seller, however the continued delays in getting under contract are concerning,” Francis stated in the news release. “The North College community has made it clear they want blighted conditions at the vacant Albertsons to be cured, and the (board) agrees.”

Complaints of criminal behavior and issues related to homelessness have been common at the site.

The URA has been in discussions with the current property owner, Vereit Real Estate, a part of Realty Income Group, since 2022. URA staff said both parties have agreed to a letter of intent detailing the terms of “mutually agreeable” purchase.

Commissioner and City Council member Kelly Ohlson was the lone no vote against authorizing eminent domain, but he didn’t offer his reasons in the meeting.

The URA board is made up of Fort Collins City Council members, a Larimer County commissioner, a Poudre School District board member, a mayor’s appointee and representatives of special districts in the city.

This article originally appeared on Fort Collins Coloradoan: Fort Collins Albertsons may be acquired by eminent domain, board says