§ 43-1-208 — State highway - damages - eminent domain

Colorado § 43-1-208

• Jurisdiction: Colorado
• Title 43: Transportation
• Art.: General and Administrative

Text

(1) If the chief
engineer deems it desirable to establish, open, relocate, widen, add mass transit to,
or otherwise alter a portion of a state highway, negotiations to acquire the land
have failed, and the chief engineer determines that filing a petition in condemnation
pursuant to article 1 of title 38 is necessary or if the commission otherwise so
requires, the chief engineer shall make a written report to the commission
describing the portion of the highway to be established, opened, added to, or
changed and the land of each landowner to be acquired by a petition in
condemnation. The chief engineer shall accompany the report with a map showing
the present and proposed boundaries of the portion of the highway to be
established, opened, added to, or changed, together with an estimate of the
damages and benefits accruing to each landowner against whose land a petition in
condemnation will be filed. The chief engineer may also acquire land by purchase or
exchange or through negotiations prior to the filing of a petition in condemnation
and is not required to provide any information about land so acquired to the
commission under this section.

(2) If, upon receipt of the report and after providing ten days' written notice
to the affected landowner of the date, time, and location of the commission
meeting at which a resolution to authorize a proposed action and the filing of a
petition in condemnation for land will be considered, which notice shall be sent by
first-class mail to the mailing address, if any, of the land that is the subject of the
resolution and any other mailing address of the landowner used for purposes of
negotiations with the landowner, and providing the landowner with an opportunity
to be heard at the meeting, the commission decides that public interest or
convenience will be served by the proposed action and the filing of a petition in
condemnation for the land pursuant to article 1 of title 38, it shall adopt a resolution
approving the action and the filing of a petition in condemnation for the land.
Thereupon the commission, acting through the department, shall proceed in the
acquisition of the land, under articles 1 to 7 of title 38, without tender or other
proceedings under this part 2.

(3) Repealed.

(4) Notwithstanding any other provision of this section, the commission may
not acquire through condemnation any interest in oil, natural gas, or other mineral
resources beneath land acquired as authorized by this section except to the extent
required for subsurface support.

Legislative History

Source: L. 21: p. 370, � 20. C.L. � 1404. CSA: C. 143, � 111. CRS 53: � 120-3-8. C.R.S. 1963: � 120-3-8. L. 91: (3) amended, p. 1091, � 107, effective July 1. L. 2008: (1) amended and (4) added, p. 628, � 3, effective August 5. L. 2019: (1) and (2) amended and (3) repealed, (SB 19-017), ch. 67, p. 242, � 2, effective August 2.