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STATE DEPT. OF HIGHWAYS v. DENVER R. CO.

No. 88SC402.

789 P.2d 1088 (1990)

STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, State of Colorado, Petitioner, v. The DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a Delaware corporation, Respondent.

Supreme Court of Colorado, En Banc.

April 2, 1990.

Attorney(s) appearing for the Case

Duane Woodard, Colorado Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Lynn B. Obernyer, First Asst. Atty. Gen., Natural Resources Section, and Harry S. Morrow, Asst. Atty. Gen., Natural Resources Section, Denver, for petitioner.

Kathleen M. Snead, Denver, for respondent.

Peter C. Dietze and William F. Nagel, Dietze, Davis and Porter, P.C., Boulder, for amicus curiae Transamerica Title Ins. Co.

Justice MULLARKEY delivered the Opinion of the Court.

We granted certiorari to determine whether the court of appeals erred when it held that the State Department of Highways (Highways) could not condemn a private way of necessity over railroad tracks owned by respondent, Denver & Rio Grande Western Railroad Company (Railroad). State Dep't of Highways v. Denver & Rio Grande W. R.R., 757 P.2d...

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