Colorado § 22-32-111 - Power of eminent domain.

§ 22-32-111. Power of eminent domain.

A school district has the power to take by eminent domain so much real property as the board of education of the district may deem necessary for any school purpose authorized by law, but the power of eminent domain shall not be exercised to acquire any real property located outside the territorial limits of the school district. The procedure for the exercise of eminent domain as authorized by this section shall be as prescribed by article 1 of title 38, C.R.S., but without regard to the municipal corporation and purposes specified in said article.

Source: L. 64: p. 583, § 12. C.R.S. 1963: § 123-30-12.

ANNOTATION

Annotator's note. Since § 22-32-111 is similar to repealed CSA, C. 146, § 74, and laws antecedent thereto, relevant cases construing those provisions have been included in the annotations to this section.

Condemnation of extraterritorial property prohibited. Although the authority to condemn extraterritorial property may be implied in an express grant of power, no such implication arises where the general assembly has specifically prohibited a school district from condemning extraterritorial property. Clear Creek Sch. Dist. RE-1 v. Holmes, 628 P.2d 154 (Colo. App. 1981).

Prohibition held constitutional. A school district may not invoke the constitutional provision concerning the power of eminent domain, § 14 of art. II, Colo. Const., to preclude the application of this section. Clear Creek Sch. Dist. RE-1 v. Holmes, 628 P.2d 154 (Colo. App. 1981).

Denial of right to open and close eminent domain proceedings held proper in circumstances. Kirkwood v. Sch. Dist. No. 7, 45 Colo. 368, 101 P. 343 (1909).

For previous restriction on amount of land which could be acquired by eminent domain, see Warner v. Gunnison, 2 Colo. App. 430, 31 P. 238 (1892); Kirkwood v. Sch. Dist. No. 7, 45 Colo. 368, 101 P. 343 (1909); Schaefer v. Sch. Dist. No. 18, 111 Colo. 340, 141 P.2d 903 (1943).