[DOWNLOAD] "State Department Of Highways V. Denver And Rio Grande Western Railroad Co." by Colorado Supreme Court # eBook PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: State Department Of Highways V. Denver And Rio Grande Western Railroad Co.
• Author : Colorado Supreme Court
• Release Date : January 02, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 78 KB

Description

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 Public Utilities Commission (PUC) in accord with section 40-4-106, 17 C.R.S. (1984). Moreover, the trial court held that the condemnation by Highways was constitutional because it had an overall public purpose. The court of appeals reversed the trial court, holding that the crossing was not for an overall public purpose and that Highways lacked the requisite statutory authority to condemn a private way of necessity. We affirm the court of appeals' decision, by applying a different analysis, and hold that Highways does not have statutory authority to condemn a private way of necessity.

Free PDF Download "State Department Of Highways V. Denver And Rio Grande Western Railroad Co." Online ePub Kindle