Legal Opinion
State Department of Highways, Division of Highways v. Denver & Rio Grande Western Railroad
Colorado Court of Appeals
Decided May 26, 1988No. 86CA0282PublishedCited by 13 opinions
1Opinion of the Court
PIERCE, Judge.
This appeal arises from an eminent domain proceeding brought by petitioner, Colorado Department of Highways, seeking to condemn a private way of necessity for public use over railroad tracks owned by respondent, Denver Rio Grande Western Railroad Company. From the condemnation decree entered against it, respondent appeals. We reverse.
The railroad tracks at issue are situated between several parcels of land owned by J. Golden Bair (Bair). There are two parcels of land located north of the tracks and one parcel to the south. One parcel (A) lies north of the Colorado river, the…
2Cases cited5 opinions
- Potashnik v. Public Service Co. of ColoradoSupreme Court of Colorado · 1952
- Wagner v. FairlambSupreme Court of Colorado · 1963
- Coquina Oil Corp. v. Harry Kourlis RanchSupreme Court of Colorado · 1982
- Tanner Substituted for Dupraw v. Treasury Tunnel Mining & Reduction Co.Supreme Court of Colorado · 1906
- Riverside Irrigation District v. LamontSupreme Court of Colorado · 1977
3Cited by13 opinions
- Thompson v. WhinnerySupreme Court of Colorado · 1995
- Akin v. Four Corners EncampmentColorado Court of Appeals · 2007
- Denver West Metropolitan District v. GeudnerColorado Court of Appeals · 1989
- Proper v. GreagerColorado Court of Appeals · 1992
- State Department of Highways, Division of Highways v. Denver & Rio Grande Western RailroadSupreme Court of Colorado · 1990
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