Place of payment - venue

Colo. Rev. Stat. § 36-1-128, under State Board of Land Commissioners.

Colo. Rev. Stat. § 36-1-128

All moneys due and payable to the state board of land commissioners shall be paid at the office of the state board of land commissioners in the city and county of Denver, Colorado, and all actions for the recovery of same, or for the cancellation of certificates of purchase, or for the cancellation of leases, or for the recovery of the possession of the land, actions of forcible entry and detainer, or ejectment shall be brought in any court of competent jurisdiction in the city and county of Denver in the state of Colorado.

Source: L. 19: p. 649, § 21. C.L. § 1174. CSA: C. 134, § 73. CRS 53: § 112-3-29. C.R.S. 1963: § 112-3-29. L. 97: Entire section amended, p. 845, § 24, effective May 21.

ANNOTATION

Judgment for possession of state lands improper when brought under this section and § 36-1-121 alleging trespass on the same. Harrah v. People ex rel. Attorney Gen., 125 Colo. 420, 243 P.2d 1035 (1952).

This section does not conflict with the Colorado rules of civil procedure requiring all actions affecting property to be tried in the county in which the subject of the action or a substantial part thereof is situated. Dallas v. Fitzsimmons, 137 Colo. 196, 323 P.2d 274 (1958).

Although this section expressly provides for ejectments, this can refer only to ejectment actions brought by the board and obviously is for the convenience of the state so that its officers and employees will not have to disrupt state business and spend time attending trials away from the seat of government. Dallas v. Fitzsimmons, 137 Colo. 195, 323 P.2d 274 (1958).

This section has no application to an action in ejectment by a lessee of the state against third parties. Dallas v. Fitzsimmons, 137 Colo. 196, 323 P.2d 274 (1958).

This section was inapplicable in an action brought against state board of land commissioners. Bd. of Land Comm'rs v. District Court, 191 Colo. 185, 551 P.2d 700 (1976).