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<br />".,.....J <br /> <br />C"? <br />en <br /> <br />'~-" <br /> <br />C) <br />C) <br /> <br />condemnation includes the right to enter upon lands of another to <br /> <br />cause an examination and survey to select the most "advantageous" <br /> <br />route, subject only to the payment of actual damages which are <br /> <br />occasioned by the entry. Section 38-2-102, C.R.S. <br /> <br />Proceedings for eminent domain under the specific grant of <br /> <br />power in section 38-2-102, C.R.S., are governed by section <br /> <br />38-1-101, et ~., C.R.S. <br /> <br />Here, we note section 38-1-101.5, <br /> <br />C.R.S., which contains special language and limitations involving <br /> <br />land taken for pipelines. Whenever private land or non-Federal <br /> <br />public land is taken for the installation of a pipeline, the <br /> <br />condemning pipeline company must show that the land in question <br /> <br />lies within a route which is the most direct route practicable, <br /> <br />must post a bond with the court equal to double the amount <br /> <br />determined to be the estimated cost of restoring the affected <br /> <br />land to the condition prior to installation of the pipeline, must <br /> <br />consider the use of existing utility rights-cf-way before new <br /> <br />routes are taken in the event the land condemned is adjacent to <br /> <br />existing <br /> <br />utility <br /> <br />rights-of-way, <br /> <br />and <br /> <br />determine <br /> <br />must <br /> <br />the <br /> <br />compensation to include costs of restoration of the condemned <br /> <br />land. <br /> <br />It is our view that although the Company holds the specific <br /> <br />and implied power of eminent domain under the statutes above <br /> <br />listed, there are limitations which make the power not entirely <br /> <br />suitable for the purposes contemplated for salinity control. <br /> <br />Furthermore, these statutes are silent as to the question of <br /> <br />20 <br />