Colorado Revised Statutes Title 38 — Property - Real and Personal

Colorado · statute · Colo. Rev. Stat. tit. 38 · 1,193 active provisions

Colo. Rev. Stat. § 38-1-101

Compensation - public use - commission - jury - court - prohibition on elimination of nonconforming uses or nonconforming property design by amortization - limitation on extraterritorial condemnation by municipalities - definitions

(1) (a) Notwithstanding any other provision of law, in order to protect property rights, without the consent of the owner of the property, private property shall not be taken or damaged by the state or any political subdivision for a public or private use without just compensation. (b) (I) For purposes of satisfying th…

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Colo. Rev. Stat. § 38-1-101.5

Necessity of taking land for pipelines

(1) When a court is determining the necessity of taking private land or nonfederal public land for the installation of a pipeline, the court shall require the pipeline company: (a) To show that the particular land lies within a route which is the most direct route practicable; (b) To post a bond with the court equal to…

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Colo. Rev. Stat. § 38-1-101.7

Limitations on the use of right-of-way

(1) No easement or right-of-way for pipelines shall be used by the owner thereof or employees of such owner for any purpose other than to construct, lay, install, replace, operate, inspect, maintain, repair, renew, substitute, monitor, change the size of, and remove certain facilities placed within the easement by such…

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Colo. Rev. Stat. § 38-1-102

Petition - contents - parties

(1) In all cases where the right to take private property for public or private use without the owner's consent or the right to construct or maintain any railroad, spur or side track, public road, toll road, ditch, bridge, ferry, telegraph, flume, or other public or private work or improvement which may damage property…

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Colo. Rev. Stat. § 38-1-103

Summons - return - publication

(1) A summons shall be issued and served and proof of service shall be made in accordance with the Colorado rules of civil procedure. The contents of such summons shall be in conformity with said rules; except that it shall notify the respondent or defendant that, upon failure to appear and defend, the court, without f…

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Colo. Rev. Stat. § 38-1-104

Trial - amendments - rules

No cause shall be heard earlier than thirty days after service upon the defendant or upon due publication as provided in section 38-1-103. Any number of separate parcels of property situate in the same county may be included in one petition, and the compensation for each shall be assessed separately by the same or diff…

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Colo. Rev. Stat. § 38-1-105

Adjournment - commission - compensation - defective title - withdrawal of deposit

(1) The court may adjourn the proceedings from time to time and shall direct any further notice thereof to be given that may seem proper. The court shall hear proofs and allegations of all parties interested touching the regularity of the proceedings and shall rule upon all objections thereto. Unless a jury is requeste…

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Colo. Rev. Stat. § 38-1-106

Jury

The owner of the property involved in any proceeding brought under the provisions of this article, before the appointment of commissioners, as provided in section 38-1-105, and before the expiration of the time for the defendant to appear and answer, may demand a jury of freeholders residing in the county in which the…

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Colo. Rev. Stat. § 38-1-107

Inspection of premises - expenses - verdict

(1) When the jury has been selected and the jurors have taken an oath faithfully and impartially to discharge their duties, the court, at the request of any party to the proceeding and in the discretion of the court, may order that the jury go upon the premises sought to be taken or damaged, in charge of a sworn bailif…

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Colo. Rev. Stat. § 38-1-108

Order of possession

The court, upon such verdict, shall proceed to adjudge and make such order as to right and justice shall pertain, ordering that the petitioner enter upon such property and the use of the same, upon payment of full compensation as ascertained. Such order with evidence of such payment shall constitute complete justificat…

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Colo. Rev. Stat. § 38-1-109

Intervention - cross petition

Any person not made a party to such proceeding may become such by filing a cross petition at any time before the hearing, setting forth that he is an owner or has an interest in the property sought to be taken or damaged by the petitioner and stating the character and extent of such interest. The rights of such person…

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Colo. Rev. Stat. § 38-1-110

Appellate review

In all cases, upon final determination thereof in the district court, the judgment is subject to appellate review as provided by law and the Colorado appellate rules.

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Colo. Rev. Stat. § 38-1-111

Possession pending appeal

In cases in which compensation is ascertained, if the owner of the property taken or affected prosecutes an appeal as provided by law and the Colorado appellate rules, the petitioner may pay into court or to the clerk thereof the amount of compensation ascertained and awarded for the use of the owner and shall thereupo…

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Colo. Rev. Stat. § 38-1-112

Payment to clerk or owner

Payment of compensation adjudged may in all cases be made to the court or the clerk thereof, who shall on demand pay the same to the party entitled thereto, taking receipt therefor. Payment may be made to the party entitled thereto or to his conservator or guardian.

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Colo. Rev. Stat. § 38-1-113

Verdict recorded

The court shall cause the verdict of the jury and the judgment of said court to be entered upon the records of said court.

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Colo. Rev. Stat. § 38-1-114

Formula for computing compensation - definitions

(1) Except for the provisions of subsection (2) of this section that shall apply to acquisitions for highways and transportation projects undertaken by the regional transportation district created by article 9 of title 32, C.R.S., the right to compensation and the amount thereof, including damages and benefits, if any,…

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Colo. Rev. Stat. § 38-1-115

Contents of report or verdict

(1) Except as provided in this section, the report of the commissioners or the verdict of the jury shall contain: (a) An accurate description of the land taken; (b) The value of the land or property actually taken; (c) The damages, if any, to the residue of such land or property; and (d) The amount and value of the ben…

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Colo. Rev. Stat. § 38-1-116

Interest on award

The court shall forthwith cause the report of the commissioners or the verdict of the jury to be entered upon the records of the court, and, where possession of the property has been previously taken by the petitioner pursuant to section 38-1-105 (6), it shall add to the amount of any such award interest at the rate es…

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Colo. Rev. Stat. § 38-1-117

Condemnation of personal property

Whenever a petitioner is specifically authorized by law to acquire personal property or interests therein by condemnation, the proceedings to acquire the same shall be governed by this article, and the petitioner shall acquire such interest therein as may be sought and specifically described in the petition in condemna…

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Colo. Rev. Stat. § 38-1-118

Evidence concerning value of property

Any witness in a proceeding under articles 1 to 7 of this title, in any court of record of this state wherein the value of real property is involved, may state the consideration involved in any recorded transfer of property, otherwise material and relevant, which was examined and utilized by him in arriving at his opin…

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Colo. Rev. Stat. § 38-1-119

Preference on docket

To assure that property owners receive compensation for the taking of their property at the earliest practical time and to reduce the interest obligation of petitioners, all courts wherein such actions are pending shall give such actions preference over other civil actions therein in the manner of setting the same for…

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Colo. Rev. Stat. § 38-1-120

Acquisition of state lands - department of natural resources

All proceedings brought by the department of natural resources pursuant to the provisions of section 24-33-107 (3)(a), C.R.S., for the acquisition of interests in state lands under the jurisdiction of the state board of land commissioners shall be as prescribed by this article.

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Colo. Rev. Stat. § 38-1-121

Appraisals - negotiations

(1) As soon as a condemning authority determines that it intends to acquire an interest in property, it shall give notice of such intent, together with a description of the property interest to be acquired, to anyone having an interest of record in the property involved. If the property has an estimated value of five t…

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Colo. Rev. Stat. § 38-1-122

Attorney fees

(1) If the court finds that a petitioner is not authorized by law to acquire real property or interests therein sought in a condemnation proceeding, it shall award reasonable attorney fees, in addition to any other costs assessed, to the property owner who participated in the proceedings. (1.5) In connection with proce…

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Colo. Rev. Stat. § 38-1-201

Legislative declaration

(1) The general assembly hereby finds and declares that: (a) The power of eminent domain allows the federal government, the state, counties, cities and counties, municipalities, and various other types of governmental entities to condemn property when necessary for public use and allows individual property owners and c…

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