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t,eztst~extstun) ~L <br />raKe~ut~ <br />purposes, the fee title to which lies in a town. Town of Greenwood Village v. District Court, 138 Colo. <br />283, 332 P.2d 210 (1958). <br />'fhe department of highways can lawfully condemn public or private property within a <br />municipality for the purpose of continuing state highways into or througlt cities or towns. The principle <br />is identical as far as acquisition of pazk lands by the state is concerned. Welch v. Ciry & County of <br />Denver, 141 Colo. 587, 349 P.2d 352 (1960). <br />State not compelled to condemn where city and state have agreement. Where agreement was <br />reached between the state and the city where the city granted the state the right to coDStruct a highway <br />on park land, the state was not compelled to institute condemnation proceedings. $y enacting the <br />ordinances authorizing the use ofpark lands for highway purposes, all was accomplished by agreement <br />that would otherwise have had to be accomplished by condemnation proceedings. Welch v. City & <br />County of Denver, 141 Colo. 587, 349 P.2d 352 (1960). <br />®2001 Makhew aentlar & Company, tnc.. a member of the Lexi9Nex~a Group. AU Mghts reserved. PorOOna cOpYrlght ®eHelp Co~poreHon, <br />_._ "Afl dghffi nRceNad. <br /> <br />980-d 90/60"d IB8-1 8118151E0E+ 8118'19!'EOE 91ddV81 l009it08d 04~E1 50-11-10 <br />