State Department of Highways, Division of Highways v. Davis
Supreme Court of Colorado
1Opinion of the Court
ERICKSON, Justice.
We granted certiorari to review the court of appeals’ decision in State Department of Highways v. Davis et al., 42 Colo.App. 250, 596 P.2d 400 (1979). We reverse and remand with directions for a new trial on the issue of damages to the remainder.
The State Department of Highways (petitioner) filed a petition to condemn a narrow strip of land owned by respondents to construct a service road for a freeway. See article 1 of title 38, C.R.S.1973. Prior to a jury trial to determine the value of the property taken and the damages to the remainder, the court, pursuant to section…
2Cases cited25 opinions
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- City of Denver v. BayerSupreme Court of Colorado · 1883
- People v. AyonCalifornia Supreme Court · 1960
- Denver Circle R. v. NestorSupreme Court of Colorado · 1887
- Swisher v. BrownSupreme Court of Colorado · 1965
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3Cited by21 opinions
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- Triangle, Inc. v. StateAlaska Supreme Court · 1981
- E-470 Public Highway Authority v. JagowColorado Court of Appeals · 2001
- Cohen v. City of HartfordSupreme Court of Connecticut · 1998
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