Colorado Code § 32-9-161

Eminent domain
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(1) Subsequent to approval of incurrence of debt and
issuance of securities in an election held pursuant to section 32-9-108, the power of eminent
domain vested in the district shall include, but not be limited to, the power to condemn, in the
name of the district:
(a) Either the fee simple or any lesser estate or interest in any real property which the
board by resolution determines is necessary for carrying out the purposes of this article; such
resolution shall be prima facie evidence that the condemnation of the fee simple, or other lesser
estate or interest in real property, is necessary for carrying out the purposes of this article;
(b) Any property necessary to carry out any of the purposes of this article, even if such
property is already devoted to the same use by any person or public body, except the federal
government unless the federal government consents to such condemnation; and
(c) Any existing transportation system of any person or public body in the district in use.
(2) The district shall not abandon any condemnation proceedings after the date upon
which the district took possession of the property condemned.

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