(DOWNLOAD) "Stork v. People" by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Stork v. People
- Author : Colorado Supreme Court
- Release Date : January 03, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Appellants argue that where the easement acquired by petitioner permits entry upon the easement at any time for the purpose of inspection, replacement, or repair of the pipeline, just compensation for the taking should be the market value of the entire fee. However, appellants retain all surface rights on the area of the easement, subject only to a right of entry by petitioner. The rule followed by the vast majority of courts in condemnation cases concerning pipelines is that the owner will be compensated only to the actual extent of the estate taken. Annot., 38 A.L.R.2d 788. In the present case petitioner did not take fee title to property containing the easement, and the surface land remained unaffected and useful and of substantial value to appellants as a ski slope. The compensation here was properly less than the value for fee simple title to the entire area within which the pipe was located. Wasatch v. Bouwhuis, 82 Utah 573, 26 P.2d 548.