Justia Real Estate & Property Law Opinion Summaries

In this case, the District Court for Jefferson County dismissed a condemnation petition for a private way of necessity because the developer of the allegedly landlocked parcel did not sufficiently define the scope of and necessity for the proposed condemnation. Evidence showed that the development might vary from one to thirty residential dwellings which prevented the court from entering a condemnation order that would minimize the burden to be placed upon condemneeâs property. The court of appeals ruled that the condemnation could proceed based only upon the zoning of the condemnorâs property. The Supreme Court disagreed with the appellate court, and reinstated the district courtâs judgment. The Supreme Court held that, when a petitioner seeks to condemn a private way of necessity for access to property it wishes to develop in the future, it must demonstrate a purpose for the condemnation that enables the trial court to examine both the scope of and necessity for the proposed condemnation, so that the burden to be imposed upon the condemneeâs property may be ascertained and circumscribed through the trial courtâs condemnation order. The record in this case supported the trial courtâs dismissal of the condemnation petition.

Burlington Ditch, Reservoir & Land Company (Burlington) and Farmers Reservoir and Irrigation Company (FRICO) filed applications to change its 1885, 1908 and 1909 water rights. The changes to Burlington and FRICO's rights were precipitated by a new water supply project by the United Water & Sanitation District (United) and East Cherry Creek Valley Water & Sanitation District (ECCV). Approximately fifty parties argued for their particular interests in relation to Burlington and FRICO's applications. The water court imposed conditions on Burlington and FRICO's historic water rights to prevent injury to all other interested parties' rights. On appeal to the Supreme Court, Burlington, FRICO, United and ECCV challenged the water court's order regarding its determination of the historical consumptive use of the water rights. Upon careful consideration of the arguments and the applicable legal authority, the Supreme Court affirmed the water court's decision.