12-1114. Private property subject to
condemnation
Private property which may be taken includes:
1. All real property belonging to any person, including any and all water and water
rights for the irrigation of any land condemned, belonging to or used in connection with
the land for the irrigation thereof, with right of way for the water or water rights
condemned through irrigating canals and ditches leading to the land condemned.
2. Lands belonging to the state, or to any county, city, town or village, not
appropriated to some public use.
3. Property appropriated to public use.
4. Franchises for toll roads, toll bridges, and ferries, and all other franchises,
but such franchises shall not be taken unless for free highways, railroads or other more
necessary public uses.
5. All rights of way through canyons, passes or defiles, and all rights of way for
any and all purposes mentioned in paragraph 2 of section 12-1111, and any and all
structures and improvements thereon, and the lands held or used in connection therewith,
intersected by any other right of way or improvements or structures thereon, which shall
also be subject to a limited use in common with the owner thereof when necessary, but
such uses, crossings, intersections and connections shall be made in the manner most
compatible with the greatest public benefit and least private injury.
6. All classes of private property not enumerated, including property for use in
water or water rights, taken for public use when the taking is authorized by law.
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