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DEPT. OF HWYS. v. DENVER & RIO GRANDE W. R.

No. 86CA0282.

757 P.2d 181 (1988)

STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, Petitioner-Appellee, v. The DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a Delaware corporation, Respondent-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied July 21, 1988.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Thomas W. Gibb, Asst. Atty. Gen., Denver, for petitioner-appellee.

Kathleen M. Snead, Denver, for respondent-appellant.

PIERCE, Judge.

This appeal arises from an eminent domain proceeding brought by petitioner, Colorado Department of Highways, seeking to condemn a private way of necessity for public use over railroad tracks owned by respondent, Denver Rio Grande Western Railroad Company. From the condemnation decree entered against it, respondent appeals. We reverse.

The railroad tracks at issue are situated between several parcels of land owned by J. Golden Bair (Bair). There...

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