Department of Transportation, State of Colorado, an Agency of the State of Colorado, as Successor in — Eid, J…

Summary

Justice Eid dissented from the majority’s conclusion that the Department of Transportation acquired the subsurface mineral estate when it condemned property for a state highway before 2008. She would have held that the pre-2008 statutory scheme already limited the Department’s condemnation authority to mineral rights necessary for subsurface support, and that the 2008 amendment merely clarified existing law.