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PUBLIC HIGHWAY AUTHORITY v. REVENIG

No. 03SA356.

91 P.3d 1038 (2004)

E-470 PUBLIC HIGHWAY AUTHORITY, Petitioner-Appellee v. Steven A. REVENIG, Trustee, Successor Trustee to Stephen A. Hellerstein; and Howard L. Farkas, Respondents-Appellants.

Supreme Court of Colorado, En Banc.

June 14, 2004.

Attorney(s) appearing for the Case

Duncan, Ostrander & Dingess, P.C., Robert R. Duncan, Donald M. Ostrander, James Birch, Special Counsel, Denver, Colorado, Attorneys for Petitioner-Appellee.

Grimshaw & Harring, P.C., Wayne B. Schroeder, Jody Harper Alderman, Opperman & Schell, P.C., William M. Schell, Julie A. Rech, Denver, Colorado, Attorneys for Respondents-Appellants.

Ken Salazar, Attorney General, Larry D. Tannenbaum, Senior Assistant Attorney General, Michael R. McCormick, Assistant Attorney General, Denver, Colorado, Attorneys for Amicus Curiae State of Colorado.

Justice BENDER delivered the Opinion of the Court.

INTRODUCTION

In this appeal, we review the trial court's decision upholding the constitutionality of a takings compensation statute that requires a trial court to reduce by up to fifty percent an award of compensation for property taken in highway acquisitions by the amount of special benefits to the landowner's remaining property. We affirm.

As part of the E-470 highway project, respondent E-470...

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