Legal Opinion

State Department of Highways, Division of Highways v. Interstate-Denver West

Supreme Court of Colorado

Decided June 11, 1990No. 89SC61PublishedCited by 10 opinions

1Opinion of the CourtJustice Erickson

We granted certiorari to decide whether a landowner’s right of access to property is substantially impaired as a matter of law when one of two access points to the public streets is taken by condemnation. The court of appeals held that there was substantial impairment as a matter of law. State Dep’t of Highways v. Interstate-Denver West, 772 P.2d 649, 651 (Colo.1988). We reverse and remand with directions.

I

The State Department of Highways, petitioner in this court, condemned a 9.17 acre portion of respondent Interstate-Denver West’s 38.32 acre tract in Jefferson Coun ty, near the City of…

2Cases cited13 opinions

  1. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  2. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  3. Keystone Bituminous Coal Assn. v. DeBenedictisSupreme Court of the United States · 1987
  4. Archenhold Automobile Supply Co. v. City of WacoTexas Supreme Court · 1965
  5. Palm Beach County v. TesslerSupreme Court of Florida · 1989

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3Cited by10 opinions

  1. City of Northglenn v. GrynbergSupreme Court of Colorado · 1993
  2. Adelson v. Board of County CommissionersColorado Court of Appeals · 1993
  3. Mill v. State, Department of HealthColorado Court of Appeals · 1994
  4. City of Tallahassee v. BoydDistrict Court of Appeal of Florida · 1993
  5. Fry v. Board of County Commissioners of BacaCourt of Appeals for the Tenth Circuit · 1993

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