In Re Department of Transportation, State of Colorado, Petitioner v. Amerco Real Estate Company, — Gabriel, J…

Summary

Justice Gabriel concurred in the judgment because the Department lacked statutory or properly delegated authority to pursue the condemnation. The concurrence disagreed with the majority's construction of the statute governing the Transportation Commission, concluding that the Commission could proceed directly under the general condemnation statutes without first completing the statutory procedures for determining and tendering damages.