Hutson v. Agricultural Ditch & Reservoir Co.

ERICKSON, Justice.

We granted certiorari in Agricultural Ditch & Reservoir Co. v. Gleason, 686 P.2d 802 (Colo.App.1984), to determine whether an interest in a forty-foot strip of land acquired in a condemnation proceeding in 1876 was a “limited fee” or an easement. The court of appeals held in Gleason that the condemnation decree awarded the Agricultural Ditch & Reservoir Company (Ditch Company) limited fee title to the property. We conclude that the decree vested the Ditch Company with an easement and not with a limited fee. We reverse that portion of the judgment of the court of appeals…