Are there any restrictions on the type of property subject to eminent domain?

Yes, there are restrictions on the type of property subject to eminent domain in Colorado. Generally, the state is allowed to take private property only for a public purpose and the property must be necessary, or reasonably necessary, for that purpose. Examples of public purposes include constructing a highway, a school, or a public building. Private property cannot be taken for commercial or private use. In addition, land taken by eminent domain in Colorado must be used by the state for the same public purpose for which it was taken. If the state no longer needs the land for that public purpose, it is generally required to return the property to its original owner unless another public purpose has been identified. Further, Colorado law states that no more land may be taken than is necessary to accomplish the public purpose. For example, if the state needs an isolated parcel of land to build a highway, it cannot take adjacent parcels of land or acreage that is not necessary for the project. Finally, in some cases, the state may be required to provide relocation assistance or financial compensation to the property owner if they have to move or have their land taken under eminent domain. While this is not always required, it does depend on the circumstances and the type of property involved.

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Are there any restrictions on the type of property subject to eminent domain?

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