§ 43-1-209 — Subsurface support deemed acquired

Whenever real property is
acquired for road, highway, or mass transit purposes, whether such acquisition is by
purchase, lease, or other means or by eminent domain, the right to subsurface
support of such real property is deemed to be acquired therewith; except that no
right to oil, natural gas, or other mineral resources beneath such real property shall
be acquired by a governmental entity through condemnation unless the acquiring
authority determines that such acquisition is required for subsurface support. In the
event the acquiring authority determines that public convenience, necessity, and
safety do not require such subsurface support or determines that only a part of
such subsurface support is required for public convenience, necessity, and safety,
such acquiring authority may specifically exclude such subsurface support, either
in whole or in part, in such acquisition in accordance with said determination.

Legislative History

Source: L. 53: p. 511, � 1. CRS 53: � 120-3-9. C.R.S. 1963: � 120-3-9. L. 2008: Entire section amended, p. 628, � 4, effective August 5.