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<br />I - LCX15lV CS15~riv1J loll <br />rake o ut ~ <br />purposes, the fee title to which lies in a town. Town of Cneenwood Village v. District Court, 138 Colo. <br />233, 332 P.Zd 210 (1958). <br />The department of highways can lawfully cottdemn public or private property within a <br />mnnicipality for the purpose of continuing state highways into or throu~r cities or towns. The principle <br />is identical as far as acquisition ofpark lands by the state is coneemed. Welch v. City & County of <br />Denver, I41 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 construct a highway <br />on pazk land, the state was not compelled to institute condemnation proceedings. By enacting the <br />ordinances authorizing the use ofpark lands for highwayputposes, all was accomplished by agreement <br />that would otherwise have had to be accomplished by condemnation proceedings. Welch v. City & <br />Covnty of Denver, 141 Colo. 587, 349 ?:Ld 352 (1960). <br />~ 2DOt Matthew Bender & Company, tnc.. a member of the LezisNezls Group: All rights reserved. PoWOna copydght ®eFie10 Co~poraHon, <br />. - - _. - - ..~ - All HOhda reeaNed: - - .... <br />eeo-d 80/60 d lae-! elzetsi£ge+ <br />BllO'!5!~£0£ ~IdaVal !D07-YlOild <br />Oy~£l 50-l2-10 <br />