Section 32-9-161 - Eminent domain(1) Subsequent to approval of incurrence of debt and issuance of securities in an election held pursuant to section 32-9-108, the power of eminent domain vested in the district shall include, but not be limited to, the power to condemn, in the name of the district: (a) Either the fee simple or any lesser estate or interest in any real property which the board by resolution determines is necessary for carrying out the purposes of this article; such resolution shall be prima facie evidence that the condemnation of the fee simple, or other lesser estate or interest in real property, is necessary for carrying out the purposes of this article;(b) Any property necessary to carry out any of the purposes of this article, even if such property is already devoted to the same use by any person or public body, except the federal government unless the federal government consents to such condemnation; and(c) Any existing transportation system of any person or public body in the district in use.(2) The district shall not abandon any condemnation proceedings after the date upon which the district took possession of the property condemned.L. 73: p. 986, § 4. C.R.S. 1963: § 89-20-63.Section 32-9-108, which is referenced in subsection (1) of this section, was repealed by L. 83, p. 1284, § 6. The election formerly detailed in that section, concerning authorizing the district to issue securities, payable from a district-wide sales tax, for the development of a multimodal mass transportation system was held September 7, 1973.