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forth across said section i6 cannot be provided at this <br /> time for the reason that the Defendant Hutchison, the <br /> owner of said property has obstructed the road across <br /> this property and will not permit entry from the said <br /> road for the purposes of survey or any other purpose, the <br /> obstruction being a gate upon which is a padlock_ The <br /> road is close to, and parallels more or less, Little Turkey <br /> creek and is in a canyon and is the only practical means of <br /> ingress and egress to the properties of-,the Plaintiff and <br /> the-Defendants, other than the Defendant Hutchison. <br /> 4. The Plaintiff and the Defendants, other <br /> than Defendant Hutchison, claim that the said road is a <br /> public road and highway and -that if it is not a public <br /> road and highway they have a private way over the same <br /> and that their elaim,is set forth in Counts One to Seven, <br /> inclusive. in the event the Court finds the said road <br /> is not a public highway and in the further event the <br /> Court finds that the Plaintiff and the Defendants, other <br /> than the Defendant Hutchison, have no private right of <br /> way,over the same, then the real property described in <br /> this Count has no public road or private road serving it. <br /> Section 14 of Article 11 of the Constitution of the State <br /> of Colorado provides as. follows, <br /> "private property shall not be taken for <br /> private use unless by consent of the owner, <br /> except for private ways of necessity, and <br /> except for reservoirs, drains, flumes or. <br /> -11- <br /> EZ/Zi 39Vd 3-EWI>1 680066961L VE:EZ STOZ/LZ/EO <br /> EXHIBIT 3 <br />