Title 38, Property - Real and Personal

Property received by the administrator under this article 13 is held in custody for the benefit of the owner and is not owned by the state. Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 440, � 1, effective July 1, 2020.

(1) If the administrator knows that property held by the administrator under this article 13 is subject to a superior claim of another state, the administrator shall: (a) Report and pay or deliver the property to the other state; or (b) Return the property to the holder so that t…

(1) Property held by the administrator under this article 13 is subject to the right of another state to take custody of the property if: (a) The property was paid or delivered to the administrator because the records of the holder did not reflect a last-known address in the othe…

(1) Before paying a claim pursuant to section 38-13-905 in an amount exceeding six hundred dollars, the administrator shall offset against the amount of the claim the claimant's obligations to pay current child support, child support debt, retroactive child support, child support…

(1) Before paying a claim pursuant to section 38-13-905 in an amount exceeding six hundred dollars, the administrator shall compare the social security number or federal employer identification number of the claimant with the numbers certified by the department of revenue for the…

(1) A person claiming to be the owner of property held by the administrator under this article 13 may file a claim for the property on a form prescribed by the administrator. (2) The administrator may waive the requirement in subsection (1) of this section and may pay or deliver …

(1) The administrator shall pay or deliver property to a claimant under section 38-13-903 if the administrator receives evidence sufficient to establish to the satisfaction of the administrator that the claimant is the owner of the property. The general assembly recognizes and re…

(1) Not later than thirty days after a claim is allowed under section 38-13-904 (2) or, in the case of a security, not later than forty-five days after the claim is allowed under section 39-13-904 (2), the administrator shall pay or deliver to the owner the property or pay to the…

Not later than one year after filing a claim with the administrator under section 38-13-903, the claimant may commence an action against the administrator in the district court for the city and county of Denver to establish a claim that has been denied or deemed denied under sect…

The general assembly hereby finds and declares that the growth and maintenance of museum collections, both public and private, is a matter of general public interest to the citizens of Colorado. Because museums of all kinds depend upon loans of various articles of property to aug…

As used in this article, unless the context otherwise requires: (1) Loaned property means any property accepted by a museum which is not accompanied by a transfer of title. (2) Museum means a nonprofit or public institution which is organized and operated primarily for the purpos…

(1) Subject to the contrary terms of any written agreement, no action may be brought for damages or the recovery of any loaned property when: (a) Seven years have passed without written contact between the museum and the lender and the lender's identity or current address is unkn…

(1) A museum may give written notice of termination of a loan at any time after the expiration of a loan made for a specified period or at any time if the loan is for an indefinite period. Any loan not evidenced by a writing stating the term of the loan and signed by the lender s…

The notice required in section 38-14-103 (1)(b) shall be sufficient when mailed by certified mail, return receipt requested, delivery restricted to owner as defined in section 38-14-102 (3), to the last-known address of the lender as reflected in the records of the museum. Source…

On and after July 1, 1988, when a museum accepts loaned property or receives written notice of a change in ownership of loaned property, the museum shall inform the lender or new lender within thirty days, in writing, of the provisions of section 38-14-103. Where notice is not gi…

In all cases it shall be the responsibility of the owner of loaned property to notify the museum in writing of his identity and current address. It shall be the responsibility of any new owner acquiring loaned property to notify the museum within sixty days of his name and addres…

When the lender of loaned property is unknown, a museum shall have a lien against the value of specific loaned property for expenses reasonably necessary to protect the loaned property from ordinary decay and deterioration due to natural causes, from theft, or from vandalism. Sou…

A museum shall not be liable for actions taken in reasonable reliance upon the representations of one who first transfers an item of property to the museum that he is the true owner of the loaned property. Source: L. 88: Entire article added, p. 1252, � 1, effective April 14.

In cases of disputed ownership of loaned property, a museum shall not be held liable for its refusal to surrender loaned property in its possession except in reliance upon a court order or judgment. Source: L. 88: Entire article added, p. 1252, � 1, effective April 14.

When a museum which acquired title to loaned property pursuant to section 38-14-103 sells said property, the purchaser shall acquire good title free of all claims and defenses. Source: L. 88: Entire article added, p. 1252, � 1, effective April 14.

Loaned property in the possession of a museum at the time of the owner's death which would otherwise escheat to the state under section 15-11-105 or 15-12-914, C.R.S., shall not so escheat but shall become the property of the museum to which it is then loaned. Source: L. 88: Enti…

As used in this article, unless the context otherwise requires: (1) Customer means any person who: (a) Hires a molder to fabricate, cast, or otherwise prepare a die, tool, mold, form, or pattern for the purpose of manufacturing, assembling, casting, fabricating, or otherwise maki…

All contracts, or copies thereof, made by the owner of any pet animal with any other person, including a feeder, for the caring for the same for pay, or on shares, or in any other manner may be filed with the county clerk and recorder of the county where the owners or either of t…

Source: L. 1889: p. 188, � 4. R.S. 08: � 3006. C.L. � 6430. L. 29: p. 441, � 2. CSA: C. 101, � 3. CRS 53: � 86-1-3. C.R.S. 1963: � 86-1-3. L. 71: p. 950, � 2. L. 75: Entire section repealed, p. 1419, � 9, effective April 24.

(1) Except as provided in subsection (2) of this section, every common carrier of goods or passengers who, at the request of the owner of any personal goods, carries, conveys, or transports the same from one place to another and every other person who safely keeps or stores any p…

Any mechanic or other person who makes, alters, repairs, or bestows labor upon any article of personal property, at the request of the owner of such personal property or his agent shall have a lien upon such property for the amount due for such labor done or material furnished an…

(1) A molders' lien shall attach to all of a customer's molds in a molder's possession for which a balance is due from such customer for any manufacturing or fabrication work performed and materials furnished. A molders' lien shall be for the amount due for any such work performe…

(1) A motor vehicle repair garage which is entitled to a lien under section 38-20-106 for motor vehicle repairs and which has released the motor vehicle upon receipt of payment for such repairs in the form of a check, draft, or order for the payment of money upon any bank, deposi…

(1) If any such charges for which a lien is given by section 38-20-102, 38-20-105, 38-20-106, or 38-20-106.2 or for which a lien is restored by section 38-20-106.5 are not paid within thirty days after the same become due and payable, the mechanic, innkeeper, or other person to w…

(1) In any foreclosure action, the lienholder or the lienholder's attorney, by complaint, shall show to the court the following: (a) That the lienholder did perform a specified service for the defendant which entitles such lienholder to a lien on personal property owned by the de…

(1) When the lienor has received a judgment and after giving ten days' prior notice of the time and place of such sale, with a description of the property to be sold, by one publication in some newspaper published in the county wherein he or she resides or, if there is no such ne…

Source: L. 1883: p. 239, � 7. G.S.: � 2124. R.S. 08: � 4019. C.L. � 6436. CSA: C. 101, � 9. CRS 53: � 86-1-9. C.R.S. 1963: � 86-1-9. L. 75: Entire section repealed, p. 1419, � 9, effective April 24.

At such sale the person to whom such lien is given may become the purchaser. Source: L. 1883: p. 239, � 8. G.S. � 2125. R.S. 08: � 4020. C.L. � 6437. CSA: C. 101, � 10. CRS 53: � 86-1-10. C.R.S. 1963: � 86-1-10.

In any case where the property to be sold cannot conveniently be sold in one day, the sale may be continued from day to day at the place of sale. Upon the completion of such sale, the person to whom the lien is given shall cause a bill of sale thereof to be filed with the court i…

Nothing in this article shall take away the right of action of the party to whom such lien is given to satisfy his judgment pursuant to law and the Colorado rules of civil procedure for his charges or for any residue thereof after sale of such property. Source: L. 1883: p. 239, �…

At such sale the person to whom such lien is given may appoint a clerk and crier. Source: L. 1883: p. 239, � 11. G.S. � 2128. R.S. 08: � 4023. C.L. � 6440. CSA: C. 101, � 13. CRS 53: � 86-1-13. C.R.S. 1963: � 86-1-13.

Clerks of the county or district court may charge for recording each bill of sale a fee as authorized by section 13-32-104, C.R.S. Source: L. 1883: p. 239, � 12. G.S. � 2129. R.S. 08: � 4024. C.L. � 6411. CSA: C. 6441, � 14. CRS 53: � 86-1-14. C.R.S. 1963: � 86-1-14. L. 64: p. 29…

(1) Property is presumed to be abandoned if the owner has failed to contact the lienholder for a period of not less than thirty days and the lienholder, in good faith, is without knowledge of any evidence indicating that the owner does not intend to abandon the property. (2) At l…

This part 2 shall be known and may be cited as the Agistor's Lien Act. Source: L. 96: Entire part added, p. 1387, � 11, effective July 1.

As used in this part 2, unless the context otherwise requires: (1) Abandoned means having forsaken entirely or neglected or refused to pay for feeding, herding, pasturing, keeping, ranching, boarding, or medical care for any livestock held by an agistor, its owner, or an owner's …

(1) An agistor shall have a lien upon the livestock entrusted to its care for any amount that may be due for feeding, herding, pasturing, keeping, ranching, or boarding such livestock, for medical care provided to such livestock, and for all costs incurred in enforcing such lien,…

An agistor's lien created pursuant to this part 2 shall be filed with the secretary of state or the county clerk where the livestock are located. The filing of an agistor's lien shall constitute notice of the contents and legal effect of the lien. Source: L. 96: Entire part added…

(1) (a) If any charges for which a lien has been filed pursuant to section 38-20-204 are not paid not more than thirty days after the date such charges are due, the lienor or the lienor's assignee may file a foreclosure action in the county or district court of the county or city…

(1) A lienor who receives a judgment on an agistor's lien may proceed to sell such livestock necessary to satisfy the lien. The sale shall take place not more than forty-five days after entry of judgment at the nearest public livestock market in this state. In addition: (a) The l…

(1) Livestock shall be presumed abandoned if: (a) The owner or owner's agent has failed to contact the lienor within ten days after service of notice under section 38-20-206; (b) The lienor, in good faith, has no reasonable grounds to believe that the owner does not intend to aba…

Nothing in this article shall prohibit a lienor, after the sale of livestock pursuant to this article, from pursuing further action to fully satisfy a judgment on an agistor's lien. Source: L. 96: Entire part added, p. 1392, � 11, effective July 1.

A lien created pursuant to this article shall be considered a security interest for purposes of section 18-5-206, C.R.S. Source: L. 96: Entire part added, p. 1392, � 11, effective July 1.

Any clerk of a county or district court may, pursuant to section 13-32-104, C.R.S., charge a fee for recording bills of sale under this article. Source: L. 96: Entire part added, p. 1392, � 11, effective July 1.

Every person who, while lawfully in possession of an article of personal property, renders any service to the owner of such property, by labor or skill, has a special lien thereon, dependent on possession, for the compensation, if any, which is due from the owner for such service…

(1) Any garments, clothing, wearing apparel, household goods, or any other items that remain in the possession of a person, on which cleaning, pressing, glazing, laundering, or washing has been done, alterations or repairs have been made, or materials or supplies have been used o…