(Download) "Herring V. Platte River Power Authority" by Colorado Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Herring V. Platte River Power Authority
- Author : Colorado Supreme Court
- Release Date : January 10, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
In this eminent domain case, Platte River Power Authority (Platte River) asserts that the district court erred in its assessment of damages to that portion of the respondents' property not taken by condemnation. The district court awarded $65,000 to respondents Elizabeth Herring and Cameron Thomas Herring for damages resulting to the remainder of their property when part of the property was taken by Platte River for the construction of an electrical substation. While the appeal was pending in the Colorado Court of Appeals, we granted a petition for certiorari filed by the Herrings pursuant to C.A.R. 50. We accepted jurisdiction because the primary issue raised on appeal by Platte River -- whether a landowner who loses a portion of land by condemnation is entitled to compensation for loss of value of the property remaining when that reduction in value is based on impairment of view and other aesthetic damage -- was already before this court in two other cases, La Plata Electric Ass'n, Inc. v. Cummins, 85SC82 (decided this day), and Bement v. Empire Electric Ass'n, Inc., 84SC69 (decided this day). Our opinion today in La Plata Electric Ass'n, Inc. v. Cummins, holds that property owners who lose a portion of their property by condemnation are entitled to present evidence concerning, and receive compensation for, any diminution of the market value of the remainder of the property caused by the taking. Our holding in La Plata resolves the primary issue raised in the present case. Platte River also contends that the trial court erroneously awarded damages to the Herrings based on an appraiser's use of noncomparable sales to determine the reduction in market value of the remainder. We disagree and therefore affirm the judgment.
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