In Re Department of Transportation, State of Colorado, Petitioner v. Amerco Real Estate Company, a Nevada…

Summary

The court made its rule to show cause absolute, holding that the transportation commission could not delegate to the Department of Transportation the statutory responsibility to determine which specific properties should be acquired for a highway project and the limits on compensation. Because the commission had not itself approved the taking of U-Haul's property by the required written resolution, the court ordered dismissal of the condemnation petition. Justice Gabriel, concurring in the judgment, agreed that the Department lacked authority but rejected the majority's construction of the governing statute.