Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
Colo. Rev. Stat. § 38-1-101.5 Necessity of taking land for pipelines
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(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…
Colo. Rev. Stat. § 38-1-101.7 Limitations on the use of right-of-way
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(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 facil…
Colo. Rev. Stat. § 38-1-102 Petition - contents - parties
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(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 …
Colo. Rev. Stat. § 38-1-103 Summons - return - publication
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(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…
Colo. Rev. Stat. § 38-1-104 Trial - amendments - rules
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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…
Colo. Rev. Stat. § 38-1-106 Jury
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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 freehold…
Colo. Rev. Stat. § 38-1-107 Inspection of premises - expenses - verdict
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(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…
Colo. Rev. Stat. § 38-1-108 Order of possession
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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 paym…
Colo. Rev. Stat. § 38-1-109 Intervention - cross petition
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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 s…
Colo. Rev. Stat. § 38-1-110 Appellate review
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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. Source: G.L. � 1070. G.S. C. � 249. R.S. 08: � 2427. C.L. � 6323. CSA: C. 61, � 13. CRS 53: � 50-1-13. C.R.S. 196…
Colo. Rev. Stat. § 38-1-111 Possession pending appeal
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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…
Colo. Rev. Stat. § 38-1-112 Payment to clerk or owner
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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. Source: G.L. …
Colo. Rev. Stat. § 38-1-113 Verdict recorded
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The court shall cause the verdict of the jury and the judgment of said court to be entered upon the records of said court. Source: G.L. � 1073. G.S. C. � 252. R.S. 08: � 2430. C.L. � 6326. CSA: C. 61, � 16. CRS 53: � 50-1-16. C.R.S. 1963: � 50-1-16.
Colo. Rev. Stat. § 38-1-114 Formula for computing compensation - definitions
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(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,…
Colo. Rev. Stat. § 38-1-115 Contents of report or verdict
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(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;…
Colo. Rev. Stat. § 38-1-116 Interest on award
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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 o…
Colo. Rev. Stat. § 38-1-117 Condemnation of personal property
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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 specifical…
Colo. Rev. Stat. § 38-1-118 Evidence concerning value of property
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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…
Colo. Rev. Stat. § 38-1-119 Preference on docket
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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 therei…
Colo. Rev. Stat. § 38-1-120 Acquisition of state lands - department of natural resources
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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. S…
Colo. Rev. Stat. § 38-1-121 Appraisals - negotiations
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(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 p…
Colo. Rev. Stat. § 38-1-122 Attorney fees
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(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 pro…
Colo. Rev. Stat. § 38-1-201 Legislative declaration
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(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…