McClain v. People
Supreme Court of Colorado
Error to County Court of Clear Creek County. Proceedings were instituted in the court below in pursuance of the eminent domain act, for the purpose of condemning a right of way over premises under the control of plaintiff in error. In accordance with the statute, an order was obtained from the court for occupancy and use pending the condemnation proceedings.
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Error to County Court of Clear Creek County. Proceedings were instituted in the court below in pursuance of the eminent domain act, for the purpose of condemning a right of way over premises under the control of plaintiff in error. In accordance with the statute, an order was obtained from the court for occupancy and use pending the condemnation proceedings. Petitioner complied with this order by depositing with the clerk of the court the sum fixed by the judge thereof; but its attempt to take possession under the order was resisted by plaintiff in error, who was-respondent. Thereupon…
1Opinion of the CourtHelm, J.
The principal objection urged in this case challenges the constitutionality of section 242 of the Civil Code, in so far as it permits the preliminary possession and use of property pending condemnation proceedings. This challenge is based upon a supposed disregard of section 15, article 2, of the state constitution. A partial analysis of the constitutional provision name.^. discloses the folio wing facts: That.it first prohibits the* taking or damaging of private property for public or private use without just compensation; that it them,requires such compensation to be ascertained in one of…
2Cases cited2 opinions
- Denver & New Orleans R. R. v. LambornSupreme Court of Colorado · 1885
- Cushman v. SmithSupreme Judicial Court of Maine · 1852
3Cited by18 opinions
- Swift v. SmithSupreme Court of Colorado · 1948
- Troiano v. Colorado Department of HighwaysSupreme Court of Colorado · 1969
- Denver & S. F. R. v. DomkeSupreme Court of Colorado · 1888
- McGrew v. Granite Bituminous Paving Co.Supreme Court of Missouri · 1913
- Vivian v. Board of Trustees of Colo. School of MinesSupreme Court of Colorado · 1963
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