§ 43-1-112 — Legal services

(1) The attorney general shall provide legal
services for the department of transportation, including the commission.

(2) The executive director shall cause the attorney general to bring and
prosecute for and defend on behalf of and in the name of the department, or any of
its divisions, suits and proceedings:

(a) To acquire rights-of-way and other property for the department as
provided by law for transportation purposes;

(b) To recover damages for negligence resulting in injury to property of the
department as provided in subsection (3) of this section, but such damages shall be
diminished in proportion to the amount of negligence, if any, attributable to the
department;

(c) To enforce or recover damages for the breach of contracts entered into
by the department;

(d) To quiet title to or to recover real or personal property or any interest or
right therein;

(e) For any other purpose necessary and proper for carrying out the
functions of the department.

(3) To recover damages to property of the department pursuant to
paragraph (b) of subsection (2) of this section, the department shall send by first-class mail a written bill for the damage to any person causing such damage. If the
person disputes liability for the damage or the amount of the bill, the person may
file within twenty days of receipt of the bill an appeal with the department's chief
engineer in charge of operations and maintenance in accordance with the
provisions of section 24-4-105, C.R.S. The bill shall provide notice of the right to
appeal.

Legislative History

Source: L. 91: Entire part R&RE, p. 1032, � 1, effective July 1. L. 95: (2)(b) amended and (3) added, p. 1301, � 3, effective June 5.