Tag Archives: Right-of-Way

Town of Dillon v. Yacht Club Condominiums Home Owners Association, Steve Delaney, and Robert R. Duncan, 2014CO37 (May 27, 2014)

“[A] municipality certainly need not wait for more accidents to happen before addressing a perceived danger.” Opinion. Condominium owners in Dillon were parking on a road that is a public right-of-way. Dillon passed ordinances to improve a bike lane, drainage and traffic safety and gave the police chief the power to designate no-parking zones on any of Dillon’s right-of-way streets. Citing safety concerns, Chief did so on the road where the owners were parking . The owners successfully sued, claiming the ordinances were an unconstitutional abuse of Dillon’s police power by reducing property values despite less burdensome alternatives. The Court reversed, holding that the proper test for constitutional due process challenges to ordinances is whether an ordinance has a reasonable relation to public health, safety, morals, or welfare. The burden of compliance is not a factor.

https://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2012/12SC104.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=9374&courtid=2

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Filed under Constitutional, Government

Rodney Asmussen and Linda Asmussen, For Themselves and As Representatives of a Class of Similarly Situated Persons v. United States, 2013CO54 (July 1, 2013)

“Utilizing the abandoned rail bed of the Great Western Railroad [GWR], the trail will preserve this historic right-of-way through the “rail banking” provisions of the federal Rails to Trails legislation.” – Great Western Trail Authority. This case questions whether a landowner whose property abuts the GWR is presumed to own property to the centerline of the rail bed. If so, creating the right-of-way could be a 5th Amendment taking. The Court held that the centerline presumption applies to railroad rights-of-way in Colorado and that it is a common law rule of conveyance, not a rule of evidence. But, the presumption applies only if a property owner can trace title to a grantor who owned the land underlying the right-of-way. The burden of proving title to land is on the person alleging ownership. Thus, owning adjacent land is not sufficient alone to apply to the centerline presumption.

http://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2012/12SA96.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=9013&courtid=2

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Filed under Constitutional, Evidence, Government, Property