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Colorado Statutes, Title 38

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Title 38, Property - Real and Personal

0 chapters · 1,193 sections in this title.

All chapters in Title 381,193 Ch 12114 Ch 36110 Ch 13106 Ch 33.382 Ch 3074 Ch 2953 Ch 3844 Ch 639 Ch 2235 Ch 3534 Ch 4134 Ch 126 Ch 2026 Ch 1025

1,193 sections·Filtered byTitle 38✕

Colo. Rev. Stat. § 38-27.5-105 Health-care provider lien - limitations
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(1) The amount of a health-care provider lien must not exceed the charges for services provided to the injured person by the health-care provider at the time of service at a rate equal to the health-care provider's usual and customary billed charge. (2) A health-care provider or …
Colo. Rev. Stat. § 38-27.5-106 No impact on hospital liens
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This article 27.5 does not change, modify, or amend the provisions of section 38-27-101. Source: L. 2021: Entire article added, (HB 21-1300), ch. 473, p. 3393, § 1, effective September 7.
Colo. Rev. Stat. § 38-27.5-107 Dispute resolution - standing
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A person or entity against whom the injured person asserts a civil action or claim that includes a request for damages related to health-care services or treatment provided under a health-care provider lien does not have standing to challenge a health-care provider's or its assig…
Colo. Rev. Stat. § 38-27.5-108 Priority of health-care provider liens
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Showing 1,051–1,100 of 1,193

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(1) The holder of a health-care provider lien may file a record of its health-care provider lien by following the provisions set forth in the "Colorado Statutory Lien Registration Act", article 9.7 of title 4, including listing the name and address of the injured person, the date…

Colo. Rev. Stat. § 38-30.5-101 Legislative intent

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The general assembly finds and declares that it is in the public interest to define conservation easements in gross, since such easements have not been defined by the judiciary. Further, the general assembly finds and declares that it is in the public interest to determine who ma…

Colo. Rev. Stat. § 38-30.5-102 Conservation easement in gross

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"Conservation easement in gross", for the purposes of this article, means a right in the owner of the easement to prohibit or require a limitation upon or an obligation to perform acts on or with respect to a land or water area, airspace above the land or water, or water rights b…

Colo. Rev. Stat. § 38-30.5-103 Nature of conservation easements in gross

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(1) A conservation easement in gross is an interest in real property freely transferable in whole or in part for the purposes stated in section 38-30.5-102 and transferable by any lawful method for the transfer of interests in real property in this state. (2) A conservation easem…

Colo. Rev. Stat. § 38-30.5-104 Creation of conservation easements in gross

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(1) A conservation easement in gross may only be created by the record owners of the surface of the land and, if applicable, owners of the water or water rights beneficially used thereon by a deed or other instrument of conveyance specifically stating the intention of the grantor…

Colo. Rev. Stat. § 38-30.5-105 Residual estate

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All interests not transferred and conveyed by the instrument creating the easement shall remain in the grantor of the easement, including the right to engage in all uses of the lands or water or water rights affected by the easement that are not inconsistent with the easement or …

Colo. Rev. Stat. § 38-30.5-106 Recordation upon public records

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Instruments creating, assigning, or otherwise transferring conservation easements in gross must be recorded upon the public records affecting the ownership of real property in order to be valid and shall be subject in all respects to the laws relating to such recordation. Source:…

Colo. Rev. Stat. § 38-30.5-107 Release - termination

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If it is determined that conditions on or surrounding a property encumbered by a conservation easement in gross change so that it becomes impossible to fulfill its conservation purposes that are defined in the deed of conservation easement, a court with jurisdiction may, at the j…

Colo. Rev. Stat. § 38-30.5-107.5 Condemnation of property encumbered by a conservation easement in gross - determination of just compensation

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If property encumbered by a conservation easement in gross created in accordance with the requirements of section 38-30.5-104 is condemned in accordance with the requirements of articles 1 to 7 of this title 38, and, as a result of the condemnation, the condemning authority is ac…

Colo. Rev. Stat. § 38-30.5-108 Enforcement - remedies

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(1) No conservation easement in gross shall be unenforceable by reason of lack of privity of contract or lack of benefit to particular land or because not expressed as running with the land. (2) Actual or threatened injury to or impairment of a conservation easement in gross or t…

Colo. Rev. Stat. § 38-30.5-109 Taxation

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Conservation easements in gross shall be subject to assessment, taxation, or exemption from taxation in accordance with general laws applicable to the assessment and taxation of interests in real property. Real property subject to one or more conservation easements in gross shall…

Colo. Rev. Stat. § 38-30.5-110 Other interests not impaired

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No interest in real property cognizable under the statutes, common law, or custom in effect in this state prior to July 1, 1976, nor any lease or sublease thereof at any time, nor any transfer of a water right or any change of a point of diversion decreed prior to the recordation…

Colo. Rev. Stat. § 38-30.5-111 Validation

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(1) Any conservation easement in gross created on or after July 1, 1976, but before July 1, 1985, that would have been valid under this article except for section 38-30.5-104 (3) is valid and shall be a binding, legal, and enforceable obligation. (2) Any conservation easement in …

Colo. Rev. Stat. § 38-30.7-101 Legislative declaration

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The general assembly finds and declares that a wind energy right is an interest in real property appurtenant to the surface estate. Source: L. 2012: Entire article added, (HB 12-1105), ch. 230, p. 1011, § 1, effective August 8. L. 2015: Entire article amended, (HB 15-1121), ch. 1…

Colo. Rev. Stat. § 38-30.7-102 Definitions

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As used in this article, unless the context otherwise requires: (1) "Wind energy agreement" or "agreement" means a lease, license, easement, or other agreement between the owner of a surface estate and a wind energy developer to develop wind-powered energy generation. (2) "Wind e…

Colo. Rev. Stat. § 38-30.7-103 Wind energy agreements - recording - termination - transfer

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(1) A wind energy right is not severable from the surface estate but, like other rights to use the surface estate, may be created, transferred, encumbered, or modified by agreement. (2) (a) A wind energy agreement is subject to statutory and other rules of law to the same extent …

Colo. Rev. Stat. § 38-30.7-104 Expiration of rights under wind energy agreements

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(1) Except as otherwise provided in a wind energy agreement or an amendment to the agreement, all rights of a wind energy developer to use real property for wind energy development or production under a wind energy agreement entered into on or after July 1, 2012, expire if no win…

Colo. Rev. Stat. § 38-30.7-105 Taxation

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Equipment used in the development of wind energy is exempt from the levy and collection of personal property tax until the equipment is first used pursuant to section 39-3-118.5, C.R.S. Source: L. 2012: Entire article added, (HB 12-1105), ch. 230, p. 1013, § 1, effective August 8…

Colo. Rev. Stat. § 38-30.7-106 Wind-powered energy generation facilities inclusion of light-mitigating technology - requirement - enforcement - definitions

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(1) (a) Subject to subsection (1)(b) of this section and subject to approval from the FAA, the FCC, and any other applicable federal agency, for the installation of approved light-mitigating technology, for any new wind-powered energy generation facility that is subject to local …

Colo. Rev. Stat. § 38-32.5-100.3 Definitions

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As used in this article, unless the context otherwise requires: (1) "Solar easement" means the right of receiving sunlight across real property for any solar energy device. Such a right may be stated in any deed, will, or other instrument executed by or on behalf of any owner of …

Colo. Rev. Stat. § 38-32.5-101 Solar easements - creation

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Any easement obtained for the purpose of exposure of a solar energy device shall be created in writing and shall be subject to the same conveyancing and instrument recording requirements as other easements; except that a solar easement shall not be acquired by prescription. Sourc…

Colo. Rev. Stat. § 38-32.5-102 Contents

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(1) Any instrument creating a solar easement shall include, but the contents shall not be limited to: (a) A description of the vertical and horizontal angles, expressed in degrees together with any pertinent hourly, diurnal, or seasonal variations thereof, and measured from the s…

Colo. Rev. Stat. § 38-32.5-103 Enforcement

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In addition to other legal remedies, injunctive relief may be available if otherwise appropriate for the enforcement of solar easements. Nothing in this section shall be construed to affect legal remedies for the enforcement of other types of easements. Source: L. 79: Entire sect…

Colo. Rev. Stat. § 38-33.3-101 Short title

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This article shall be known and may be cited as the "Colorado Common Interest Ownership Act". Source: L. 91: Entire article added, p. 1701, § 1, effective July 1, 1992.

Colo. Rev. Stat. § 38-33.3-102 Legislative declaration

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(1) The general assembly hereby finds, determines, and declares, as follows: (a) That it is in the best interests of the state and its citizens to establish a clear, comprehensive, and uniform framework for the creation and operation of common interest communities; (b) That the c…

Colo. Rev. Stat. § 38-33.3-103 Definitions

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As used in the declaration and bylaws of an association, unless specifically provided otherwise or unless the context otherwise requires, and in this article: (1) "Affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declara…

Colo. Rev. Stat. § 38-33.3-104 Variation by agreement

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Except as expressly provided in this article, provisions of this article may not be varied by agreement, and rights conferred by this article may not be waived. A declarant may not act under a power of attorney or use any other device to evade the limitations or prohibitions of t…

Colo. Rev. Stat. § 38-33.3-105 Separate titles and taxation

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(1) In a cooperative, unless the declaration provides that a unit owner's interest in a unit and its allocated interests is personal property, that interest is real estate for all purposes. (2) In a condominium or planned community with common elements, each unit that has been cr…

Colo. Rev. Stat. § 38-33.3-106 Applicability of local ordinances, regulations, and building codes

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(1) A building code may not impose any requirement upon any structure in a common interest community which it would not impose upon a physically identical development under a different form of ownership; except that a minimum one hour fire wall may be required between units. (2) …

Colo. Rev. Stat. § 38-33.3-106.5 Prohibitions contrary to public policy - patriotic, political, or religious expression - public rights-of-way - fire prevention - renewable energy generation devices - affordable housing - drought prevention measures - child care - fire-hardened building materials - operation of businesses - definitions

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(1) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not prohibit any of the following: (a) The display of a flag on a unit owner's property, in a window of the unit, or on a balcony adjoin…

Colo. Rev. Stat. § 38-33.3-106.7 Unreasonable restrictions on energy efficiency measures - definitions

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(1) (a) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not effectively prohibit the installation or use of an energy efficiency measure. (b) As used in this section, "energy efficiency me…

Colo. Rev. Stat. § 38-33.3-106.8 Unreasonable restrictions on electric vehicle charging systems and electric vehicle parking - legislative declaration - definitions

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(1) The general assembly finds, determines, and declares that: (a) The widespread use of plug-in electric vehicles can dramatically improve energy efficiency and air quality for all Coloradans and should be encouraged wherever possible; (b) Most homes in Colorado, including the v…

Colo. Rev. Stat. § 38-33.3-107 Eminent domain

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(1) If a unit is acquired by eminent domain or part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award must include compensation to the unit owner for …

Colo. Rev. Stat. § 38-33.3-108 Supplemental general principles of law applicable

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The principles of law and equity, including, but not limited to, the law of corporations and unincorporated associations, the law of real property, and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coerc…

Colo. Rev. Stat. § 38-33.3-109 Construction against implicit repeal

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This article is intended to be a unified coverage of its subject matter, and no part of this article shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided. Source: L. 91: Entire article added, p. 1709, § 1, effective …

Colo. Rev. Stat. § 38-33.3-110 Uniformity of application and construction

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This article shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. Source: L. 91: Entire article added, p. 1709, § 1, effective July 1, 1992.

Colo. Rev. Stat. § 38-33.3-111 Severability

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If any provision of this article or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provisions or application, and, to this end, …

Colo. Rev. Stat. § 38-33.3-112 Unconscionable agreement or term of contract

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(1) The court, upon finding as a matter of law that a contract or contract clause relating to a common interest community was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable cla…

Colo. Rev. Stat. § 38-33.3-113 Obligation of good faith

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Every contract or duty governed by this article imposes an obligation of good faith in its performance or enforcement. Source: L. 91: Entire article added, p. 1710, § 1, effective July 1, 1992. ANNOTATION Law reviews. For article, "The Business Judgment Rule and Common Interest C…

Colo. Rev. Stat. § 38-33.3-114 Remedies to be liberally administered

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(1) The remedies provided by this article shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special, or punitive damages may not be awarded except as specifically pro…

Colo. Rev. Stat. § 38-33.3-115 Applicability to new common interest communities

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Except as provided in section 38-33.3-116, this article applies to all common interest communities created within this state on or after July 1, 1992. The provisions of sections 38-33-101 to 38-33-109 do not apply to common interest communities created on or after July 1, 1992. T…

Colo. Rev. Stat. § 38-33.3-116 Exception for new small cooperatives and small and limited-expense planned communities

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(1) (a) Except as described in subsection (4) of this section, if a cooperative or planned community was created in this state on or after July 1, 1992, and either contains only units restricted to nonresidential use or contains no more than twenty units and is not subject to any…

Colo. Rev. Stat. § 38-33.3-116.3 Large planned communities - exemption from certain requirements

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(1) A planned community shall be exempt from the provisions of this article as specified in subsection (3) of this section or as specifically exempted in any other provision of this article, if, at the time of recording the affidavit required pursuant to subsection (2) of this se…

Colo. Rev. Stat. § 38-33.3-117 Applicability to preexisting common interest communities

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(1) Except as provided in section 38-33.3-119, the following sections apply to all common interest communities created within this state before July 1, 1992, with respect to events and circumstances occurring on or after July 1, 1992: (a) 38-33.3-101 and 38-33.3-102; (b) 38-33.3-…

Colo. Rev. Stat. § 38-33.3-118 Procedure to elect treatment under the "Colorado Common Interest Ownership Act"

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(1) Any organization created prior to July 1, 1992, may elect to have the common interest community be treated as if it were created after June 30, 1992, and thereby subject the common interest community to all of the provisions contained in this article, in the following manner:…

Colo. Rev. Stat. § 38-33.3-119 Exception for small preexisting cooperatives and planned communities

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If a cooperative or planned community created within this state before July 1, 1992, contains no more than ten units and is not subject to any development rights, or if its declaration limits its annual common expense liability to the amount specified in section 38-33.3-116 (1), …

Colo. Rev. Stat. § 38-33.3-120 Amendments to preexisting governing instruments

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(1) In the case of amendments to the declaration, bylaws, or plats and maps of any common interest community created within this state before July 1, 1992, which has not elected treatment under this article pursuant to section 38-33.3-118: (a) If the substantive result accomplish…