Quote:
Your Notice of Claim has been investigated. You stated that on June 17, 2019, a CDOT mower
damaged your driveway culvert. We confirmed that CDOT did have a mowing operation in your
area on that date.
The Colorado Governmental Immunity Act statute ?24-10-106 (1)(a) allows CDOT to accept
property damage claims when the damage is caused by a motor vehicle owned by CDOT. In
your case, the mowing equipment used to maintain the right-of-way on Highway 79 is not
considered a motor vehicle since the mowing equipment is not designed primarily to carry
persons and property while traveling on State of Colorado roadways. Because this piece of
CDOT maintenance equipment does not meet the Colorado Governmental Immunity Act (CGIA)
definition of a motor vehicle, your claim for damages is respectfully denied.