Bear Creek Development Corp. v. Genesee Foundation

Opinion by

Judge DAVIDSON.

In this condemnation action, petitioner, the Genesee Foundation, a non-profit corporation (condemnee), appeals from a decree of condemnation granting respondent, Bear Creek Development Corporation (condemnor) possession of a perpetual way of necessity, establishing the value of the property taken, and awarding costs. We affirm in part, reverse in part, and remand.

In September 1991, condemnor filed a petition for condemnation under Colo. Const, art. II, § 14 and § 38-1-102(3), C.R.S. (1982 RepLVol. 16A), to condemn private property for use as a private way of necessity…