MOTT v. COLEMAN

No. 17736.

287 P.2d 655 (1955)

Heber MOTT, Plaintiff in Error, v. Clifford COLEMAN and William Schempp, Defendants in Error.

Supreme Court of Colorado, En Banc.

September 12, 1955.


Attorney(s) appearing for the Case

John Ira Green, Antonito, for plaintiff in error.

Richard V. Anderson, La Jara, for defendants in error.


ALTER, Chief Justice.

Clifford Coleman and William Schempp, hereinafter referred to as plaintiffs, brought an action under our eminent domain statute, chapter 50, C.R.S. '53, to condemn a right of way for an irrigation ditch across the property of defendant Heber Mott, designated hereinafter as defendant. The trial court first appointed a board of commissioners of three fee holders to ascertain and determine the necessity for taking such lands as were described in...

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