Legal Opinion

BOARD OF COUNTY COM'RS OF MORGAN v. Kobobel

Colorado Court of Appeals

Decided December 27, 2007No. 06CA1006PublishedCited by 7 opinions

1Opinion of the Court

Opinion by

Judge ROY.

The Board of County Commissioners of Morgan County (the county) appeals the judgment of the trial court dismissing its petition to condemn a portion of property owned by Elmer and Mariam Kobobel (the owners). We affirm and remand.

The owners own Section 15, Township 4 North, Range 55 West of the 6th P.M. in Morgan County. The county sought to condemn a strip of land thirty feet wide along the northern boundary of the owners’ property for use as a public road. Prior to seeking condemnation, the county unsuccessfully sought to obtain title by adverse possession (the adverse…

2Cases cited20 opinions

  1. Kelo v. City of New LondonSupreme Court of the United States · 2005
  2. Aspen Wilderness Workshop, Inc. v. Colorado Water Conservation BoardSupreme Court of Colorado · 1995
  3. Milheim v. Moffat Tunnel Improvement DistrictSupreme Court of the United States · 1924
  4. Milheim v. Moffat Tunnel Improvement DistrictSupreme Court of Colorado · 1922
  5. City & County of Denver v. TihenSupreme Court of Colorado · 1925

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3Cited by7 opinions

  1. Sinclair Transportation Co. v. SandbergColorado Court of Appeals · 2009
  2. American Family Mutual Insurance Company v. American National Property and Casualty CompanyColorado Court of Appeals · 2015
  3. City of Lafayette v. Town of ErieColorado Court of Appeals · 2018
  4. American Family Mutual Insurance Company v. American National Property and Casualty CompanyColorado Court of Appeals · 2015
  5. Carousel Farms Metro. Dist. v. Woodcrest Homes, Inc.Colorado Court of Appeals · 2017

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