§ 36-4-108 — Power of eminent domain

In case of such procedure under the
laws of the United States and in the event that any departmental or other officer,
agent, or employee of the United States shall, in the judgment of the board, fail or
refuse to act or decide within a reasonable time, or in bad faith, or for mere purpose
of delay, or act or decide adversely to the legal, constitutional, or inherent rights of
the state, upon any question involved and subject to his action or decision or shall
obstruct, hinder, or interfere with the necessary occupancy or possession of the
lands involved by the state, or any of its agents or employees, the board shall at
once proceed to acquire the desired rights or easements, occupancy, or possession
by invoking the power of eminent domain of the state. Such proceedings, including
the right to enter upon the lands involved for the purpose of examination and
survey, and the right of possession during the pendency of the action, and in all
other respects, shall be as provided in articles 1 to 7 of title 38, C.R.S., in relation to
eminent domain insofar as applicable and as supplemented and enlarged by
sections 36-4-104 to 36-4-112.

Legislative History

Source: L. 13: p. 589, � 5. C.L. � 1197. CSA: C. 134, � 96. CRS 53: � 112-4-8. C.R.S. 1963: � 112-4-8.