Department of Transportation, State of Colorado v. Amerco Real Estate Company

Summary

The Colorado Supreme Court considered whether the Colorado Transportation Commission unlawfully delegated its statutory authority to select particular properties for condemnation to the Colorado Department of Transportation. The court held that the Commission was required to determine whether acquiring the particular properties served the public interest or convenience and could not delegate that judgment absent express legislative authorization. The court made its rule to show cause absolute and remanded with orders to dismiss the condemnation petition.

Holdings

1. The Commission could not delegate to the Department the discretionary choice of particular properties to be taken for a highway alteration project, the amount or method of compensation to be offered for those properties, or whether to acquire them through condemnation.
2. The Department lacked authority to pursue condemnation of U-Haul's property because the Commission had not itself approved the taking of that particular property by the written resolution required by section 43-1-208.
3. Relief under C.A.R. 21 was appropriate because the district court's immediate-possession order threatened the taking and destruction of property, the dispute involved a recurring legal question concerning the Department's condemnation practice, and no factual development was necessary.

Questions Presented

1. Whether the Colorado Transportation Commission's statutory duty to determine which particular properties should be acquired for a proposed state-highway alteration and the applicable acquisition method or compensation limits could be delegated to the Department of Transportation.
2. Whether the Commission's general authorization and resolutions supplied the statutory authority necessary for the Department to condemn U-Haul's particular property.
3. Whether relief under C.A.R. 21 was appropriate to review the district court's order granting immediate possession.

Disposition

writ_granted