Chapter 5 - § 5.8 • UNIQUE DAMAGES ISSUES (PERMANENT INJURY — SINGLE LAWSUIT)

• Jurisdiction: Colorado

§ 5.8 • UNIQUE DAMAGES ISSUES (PERMANENT INJURY — SINGLE LAWSUIT)

Generally, a person claiming permanent injury to his or her land must recover all damages past, present, and future in one action.⁶¹³ However, for this rule to apply, the following factors must exist: (1) the structure causing the injury must be intended to be permanent, and the resultant property invasion must be one that will and should continue indefinitely; (2) the property damage must not be reasonably abatable without taking extraordinary measures; (3) the damaged structure must have been constructed with lawful authority; and (4) the structure must be socially beneficial.⁶¹⁴ This rule was found not to apply where, after a period of dormancy, a second or subsequent incidence of mine subsidence occurred, causing further damage; the court held that homeowners should not be required to sacrifice the structural integrity of their homes without reasonable compensation when the damages are unpredictable and occur at lengthy and unforeseeable intervals of time.⁶¹⁵

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Notes:

^[613] Tatum v. Basin Res., Inc., 141...