Colorado § 43-3-106 - Acquiring land and right-of-way.

§ 43-3-106. Acquiring land and right-of-way.

The department of transportation is authorized to purchase or condemn any land necessary for the construction of any local service road authorized by this part 1 and is also authorized to purchase or condemn any right of access appertaining to any land abutting on a state highway or on a portion of a state highway when such right of access is disturbed or destroyed by the designation of a state highway or such portion of a state highway as a freeway under the provisions of this part 1 in the same manner and form as provided by law for the purchase or condemnation of highway rights-of-way.

Source: L. 41: p. 656, § 10. CSA: C. 143, § 153. CRS 53: § 120-6-10. C.R.S. 1963: § 120-6-10. L. 91: Entire section amended, p. 1111, § 159, effective July 1.

ANNOTATION

Law reviews. For article, "Recent Developments in Colorado Eminent Domain", see 27 Rocky Mt. L. Rev. 23 (1954). For article, "Inverse Condemnation — A Viable Alternative", see 51 Den. L.J. 529 (1974).

When abutting landowner entitled to compensation. An abutting landowner is entitled to compensation when his access is denied or substantially damaged by an extraordinary or unanticipated use of an adjoining public street. Monen v. State Dept. of Hwys., Div. of Hwys., 33 Colo. App. 69, 515 P.2d 1246 (1973).

This section authorizes compensation where a landowner's right of access is taken, not where access is reasonably regulated. State Dept. of Hwys. v. Davis, 626 P.2d 661 (Colo. 1981).

An abutting landowner's right to damages accrues at the time of the taking. Monen v. State Dept. of Hwys., Div. of Hwys., 33 Colo. App. 69, 515 P.2d 1246 (1973).

Such right is personal to him unless specifically assigned to subsequent grantees. Monen v. State Dept. of Hwys., Div. of Hwys., 33 Colo. App. 69, 515 P.2d 1246 (1973).

Evidence supported conclusion that practical and legal effect of highway department's action was a taking of access rights without compensation. Monen v. State Dept. of Hwys., Div. of Hwys., 33 Colo. App. 69, 515 P.2d 1246 (1973).

CDOT's power to condemn property pursuant to this section for local service roads includes no express or implied authority to condemn for parking and transit facilities. Dept. of Transp. v. Stapleton, 81 P.3d 1105 (Colo. App. 2003), rev'd on other grounds, 97 P.3d 938 (Colo. 2004).