Ruth v. Department of Highways

Opinion by

Mr. Justice Pringle.

Plaintiffs in error, hereinafter called Ruth, were plaintiffs or petitioners in the trial court, and defendant in error the Department of Highways, State of Colorado, hereinafter called the Department, was defendant or respondent.

Ruth is the owner of a parcel of land in Clear Creek County and of certain water and ditch rights and ditch or pipeline rights-of-way appurtenant thereto. State Highway 103 runs through a portion of Ruth’s land and the ditch or pipeline right-of-way passes under this highway.

In September of 1957 the Department filed a petition in…