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Case Citations [1] (Fall 2024)

handle is hein.ali/relwprpty0267 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2024 Citations PROPERTY DIVISION 1. INTRODUCTION CHAPTER 1. DEFINITION OF CERTAIN GENERAL TERMS § 7. Possessory Interests in Land Colo.App.2023. Cit. in sup. State governmental entity filed a condemnation petition against, among others, lessee of the property from its owner, seeking to condemn the property for public street improvements. The trial court dismissed entity's petition, finding that it conflicted with the state department of transportation's recorded deed of covenant against the property, which prohibited any construction or improvements on the property in anticipation of a future highway project, and denied lessee's request for attorney fees and costs under a state statute that permitted awards of attorney's fees to property owners in condemnation proceedings. This court affirmed in part, holding that lessee was not entitled to attorney's fees under the statute. The court explained that the term property owner did not encompass lessee because lessee held only a possessory interest in the property as described in Restatement First of Property § 7. Mulberry Frontage Metropolitan District v. Sunstate Equipment Co., LLC, 537 P.3d 391, 397. § 10. Owner Colo.App.2023. Com. (b) quot. in sup. State governmental entity filed a condemnation petition against, among others, lessee of the property from its owner, seeking to condemn the property for public street improvements. The trial court dismissed entity's petition, finding that it conflicted with the state department of transportation's recorded deed of covenant against the property, which prohibited any construction or improvements on the property in anticipation of a future highway project, and denied lessee's request for attorney fees and costs under a state statute that permitted awards of attorney's fees to property owners in condemnation proceedings. This court affirmed in part, holding that lessee was not entitled to attorney's fees under the statute. The court noted that lessee was not a owner as described under Restatement First of Property § 10, because lessee held only a possessory interest in the property. Mulberry Frontage Metropolitan District v. Sunstate Equipment Co., LLC, 537 P.3d 391, 397. COPYRIGHT (02024 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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