State Department of Highways, Division of Highways v. Denver & Rio Grande Western Railroad

We granted certiorari to determine whether the court of appeals erred when it held that the State Department of Highways (Highways) could not condemn a private way of necessity over railroad tracks owned by respondent, Denver & Rio Grande Western Railroad Company (Railroad). State Dep’t of Highways v. Denver & Rio Grande W. R.R., 757 P.2d 181 (Colo. Ct.App.1988). The trial court granted Highways’ condemnation of a private crossing over the Railroad’s property based on its conclusion that the crossing was for a private way of necessity and, as such, was not subject to the jurisdiction of the…