(1) The attorney general shall provide legal services for the department of transportation, including the commission.
(2) The executive director shall cause the attorney general to bring and prosecute for and defend on behalf of and in the name of the department, or any of its divisions, suits and proceedings:
To acquire rights-of-way and other property for the department as provided by lawfor transportation purposes;
To recover damages for negligence resulting in injury to property of the departmentas provided in subsection (3) of this section, but such damages shall be diminished in proportion to the amount of negligence, if any, attributable to the department;
To enforce or recover damages for the breach of contracts entered into by the department;
To quiet title to or to recover real or personal property or any interest or right therein;
For any other purpose necessary and proper for carrying out the functions of thedepartment.
(3) To recover damages to property of the department pursuant to paragraph (b) of subsection (2) of this section, the department shall send by first-class mail a written bill for the damage to any person causing such damage. If the person disputes liability for the damage or the amount of the bill, the person may file within twenty days of receipt of the bill an appeal with the department's chief engineer in charge of operations and maintenance in accordance with the provisions of section 24-4-105, C.R.S. The bill shall provide notice of the right to appeal.
Source: L. 91: Entire part R&RE, p. 1032, § 1, effective July 1. L. 95: (2)(b) amended and (3) added, p. 1301, § 3, effective June 5.
Editor's note: This section is similar to former § 43-1-108 as it existed prior to 1991.