Department of Transportation v. Stapleton

This case is about the breadth of a Colorado statute that authorizes the Colorado *947Department of Transportation (CDOT) to exercise the power of eminent domain. The majority concludes that CDOT has the authority to condemn Stapleton’s property for a parking lot because a parking lot constitutes a “state highway purpose” within the meaning of section 43-1-208(3), 11 C.R.S. (2003). Maj. op. at 942. To reach that outcome, the majority liberally construes the organic legislation granting CDOT condemnation power and holds that the parking lot at issue in this case has a “ ‘sufficiently direct…