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Union Exploration Co. v. Moffat Tunnel Improvement District

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eBook details

  • Title: Union Exploration Co. v. Moffat Tunnel Improvement District
  • Author : Colorado Supreme Court
  • Release Date : January 27, 1939
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 79 KB

Description

The evidence discloses that the land in question had been patented by Mr. Hirsch, principal owner of the defendant company, twenty eight or twenty nine years prior to the trial. Beginning many years prior to 1923 there has been various abortive attempts to construct a tunnel through the mountains to be used by the Denver and Salt Lake Railway, commonly referred to as the Moffat Road, it being soon apparent that the latter could not meet the expense of operation enhanced by steep grades and excessive snow fall in the high mountain passes through which its line passed in traversing the continental divide. After long years of receivership it was evident in 1922 that the abandonment of the Moffat Road could not be much longer postponed unless some less expensive means of crossing the divide was made available. The railroad company had neither the money nor the credit to obtain money to build such a tunnel. The northwestern part of Colorado, tributary to the Moffat Road was particularly rich in coal resources, live stock raising was extensive and it was highly desirable, if not absolutely necessary for the welfare of Denver and the immediately surrounding territory, that steps be taken to preserve the railroad connections with the northwestern part of the state. To this end an act was passed by the legislature in 1922, chapter 2, Extraordinary Session Laws, 1922, sections 200 to 220, chapter 138, 35 C.S.A., creating the Moffat Tunnel Improvement District, and granting it powers, including the power of eminent domain, necessary to construct a tunnel and to make it available for railroad use.


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