STATE DEPT. OF HIGHWAYS, ETC. v. DAVIS

No. 78-342.

596 P.2d 400 (1979)

STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, State of Colorado, Petitioner-Appellant, v. Edward DAVIS and Gertrude R. Davis, Respondents-Appellees, Heritage Savings and Loan Association, Marie R. DeWitt and Lloyd C. DeWitt, Trustees, D. Kirk Tracy, and Geneva C. Mosher as Treasurer and Public Trustee of Prowers County, Respondents.

Colorado Court of Appeals, Div. I.

Rehearing Denied April 19, 1979.

Certiorari Granted June 18, 1979.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Vicki J. Fowler, Asst. Atty. Gen., Denver, for petitioner-appellant.

Andersen & Gehlhausen, John Gehlhausen, Lamar, for respondents-appellees.


COYTE, Judge.

In this eminent domain proceeding the Colorado Department of Highways appeals an award of damages to the respondent landowners for substantial impairment of access to the residue of the landowners' property. We affirm.

The landowners operated a rental store on the land in question, and originally had access from their property directly onto Highway 50. When the Department of Highways decided to convert this highway into a limited access highway...

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