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BEMENT v. EMPIRE ELEC. ASS'N, INC.

No. 84SC69.

728 P.2d 706 (1986)

Robert E. BEMENT, a/k/a Robert Bement, and Thelma F. Bement, a/k/a Thelma Bement, Petitioners, v. EMPIRE ELECTRIC ASSOCIATION, INC., Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 8, 1986.

Attorney(s) appearing for the Case

Hill, Hill & Manges, P.C., Alden V. Hill, Alden T. Hill, Fort Collins, Kent F. Williamson, Cortez, for petitioners.

Dilts, Dyer, Fossum & Hatter, P.C., Clifford C. Fossum, Cortez, Robert T. James, Colorado Springs, for respondent.

LOHR, Justice.

The issue presented in this eminent domain case is whether the Montezuma County District Court erred by refusing to instruct a jury that any reduction in the fair market value of the remainder of the petitioner's property resulting from the unsightliness of an electric power line constructed on the utility easement condemned is a compensable element of damages for the taking. The court of appeals affirmed the district court, and we granted certiorari...

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