Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
Colo. Rev. Stat. § 38-5-104 Right-of-way across private lands
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(1) A telegraph, telephone, electric light, power, gas, or pipeline company, an electric transmission authority, or a city or town is entitled to the right-of-way over or under the land, property, privileges, rights-of-way, and easements of other persons and corporations and to t…
Colo. Rev. Stat. § 38-5-105 Companies, cities, and towns have eminent domain right
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Such telegraph, telephone, electric light power, gas, or pipeline company or such city or town is vested with the power of eminent domain, and authorized to proceed to obtain rights-of-way for poles, wires, pipes, regulator stations, substations, and systems for such purposes by …
Colo. Rev. Stat. § 38-5-106 Possession pending action
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At any time after jurisdiction has been obtained pursuant to section 38-1-103, the petitioner, upon notice to the respondent pursuant to the Colorado rules of civil procedure, may move for an order for immediate possession. Upon such motion and after hearing, the court, by rule i…
Colo. Rev. Stat. § 38-5-108 Consent necessary to use of streets
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Nothing in this article shall be construed to authorize any person, partnership, association, corporation, or city or town to erect any poles, construct any electric light power line, or pipeline, or extend any wires or lines along, through, in, upon, under, or over any streets o…
Colo. Rev. Stat. § 38-5-109 Utility relocation clearance letter - definitions
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(1) As used in this section, unless the context otherwise requires: (a) Clearance letter means a written agreement between a local government proposing a road improvement project and a utility company, in which the utility company and the local government mutually establish the s…
Colo. Rev. Stat. § 38-6-101 Power of towns and cities
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Whenever, in a town, city, or city and county, the council thereof or other municipal board having authority by charter or statute passes a resolution or ordinance to establish, construct, extend, open, widen, or alter any street, lane, avenue, boulevard, park, playground, parkwa…
Colo. Rev. Stat. § 38-6-102 Petition
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The attorney for said city or city and county, in the name of such city or city and county, shall apply to the district court of the district in which said city or city and county is situated, by petition, which petition shall state the general nature of the improvement proposed …
Colo. Rev. Stat. § 38-6-103 Defendants - guardian ad litem
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The owners of all property sought to be condemned for the proposed improvement shall be made parties defendant. It shall not be necessary to make any person a defendant unless such person has some title thereto of record in the office of the county clerk and recorder of the count…
Colo. Rev. Stat. § 38-6-104 Judge to set hearing - summons - service - publication
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Upon the filing of the petition, said court shall fix a date for hearing said petition, and the attorney for the petitioner shall prepare and issue a summons, directed to the defendants, notifying them of the date fixed by the court for the hearing. Jurisdiction of said defendant…
Colo. Rev. Stat. § 38-6-105 Answer - hearing - commissioners
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Any defendant has the right to appear in the proceeding and file an answer, in writing, with the clerk of the court, at any time prior to the date fixed for the hearing of the petition but not thereafter, in which answer said defendant shall set forth such legal objections as he …
Colo. Rev. Stat. § 38-6-106 Commissioners - oaths - hearing
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The commissioners, before entering upon the duties of their office, shall take an oath to faithfully, promptly, and impartially discharge their duties as such commissioners. Any commissioner may administer oaths to witnesses produced before him. The commissioners may issue subpoe…
Colo. Rev. Stat. § 38-6-107 Assessment of damages - lien - fund
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It is the duty of the commissioners to estimate, fix, and determine the fair and actual cash market value of all property proposed to be taken for the improvement, without reference to the projected improvement, and the fair, direct, and actual damage caused on account of said im…
Colo. Rev. Stat. § 38-6-108 Commissioners' report
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The commissioners shall make, subscribe, and file with the clerk of the court in which such proceedings are had a report of their awards and assessments, in which all property assessed shall be described with convenient certainty and accuracy. In said report, the awards and damag…
Colo. Rev. Stat. § 38-6-109 Cost assessed against block
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In all cases where the proposed improvement is the opening, widening, establishing, or extension of a public alley, the cost thereof shall be assessed against the property in the particular block in which said alley is situated, according to the benefits to be received therefrom,…
Colo. Rev. Stat. § 38-6-110 Property need not be in city limits
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In all proceedings under this part 1, the petitioner has the right to take or condemn separate parcels of land. Such parcels of land need not be adjoining or contiguous to each other. In all cases where a proceeding is brought to condemn, appropriate, or acquire land for boulevar…
Colo. Rev. Stat. § 38-6-111 Hearing - notice - publication
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After the report of said commissioners is filed with the clerk of the court, the court shall fix a time for the consideration of said report, and the petitioner shall give written notice to the defendants and all other persons who are the owners of record of property mentioned in…
Colo. Rev. Stat. § 38-6-113 Jury trial - motion for new trial - appellate proceedings
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(1) At the time fixed for the hearing of the commissioners' report or at any time prior thereto but not after said time, any defendant who owns or is interested in any property actually taken, appropriated, or damaged on account of the proposed improvement and who is dissatisfied…
Colo. Rev. Stat. § 38-6-114 Costs - compensation
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The cost of the proceedings shall be paid by the city or city and county. The commissioners shall be allowed a reasonable compensation for their services and expenses, the amount of which shall be fixed by the court. Source: L. 11: p. 379, � 14. C.L. � 9089. CSA: C. 163, � 132. C…
Colo. Rev. Stat. § 38-6-115 Amendments - new parties - notice
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Amendment to the petition or to any paper or record in the proceedings shall be permitted by the court whenever necessary to a fair hearing and final determination of the questions involved. Should it become necessary at any stage of the proceedings to bring in a new party, the c…
Colo. Rev. Stat. § 38-6-117 City may dismiss proceedings
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The attorney for the city or city and county commencing the proceedings has the right to withdraw said proceedings or to dismiss the same as to one or more of said defendants or as to one or more parcels of land, without prejudice, at any stage of the proceedings, and the petitio…
Colo. Rev. Stat. § 38-6-118 Ownership in controversy - award
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If the ownership of any property condemned or damaged is in controversy, the amount awarded in payment of said property or the damage thereto shall be paid into the registry of said court for the use of the successful claimants of said property as their respective interests appea…
Colo. Rev. Stat. § 38-6-119 Possession - award paid
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As soon as the amounts awarded for property taken or in payment of damages have been tendered to the parties entitled thereto, respectively, or deposited in the registry of said court for the use of the respective persons entitled to said amounts, the city or city and county may …
Colo. Rev. Stat. § 38-6-120 Review - deposit - possession
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Upon the final determination of any proceeding under this part 1, appeal shall lie in every case to bring into review the proceedings therein. If the owner of any property taken or affected appeals, the petitioner may pay into the registry of said court the amount of compensation…
Colo. Rev. Stat. § 38-6-121 Lis pendens
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In any proceeding brought under this part 1, the petitioner, at the time of filing the petition or at any time thereafter during the pendency of such proceeding, may file with the county clerk and recorder of the county in which the property sought to be condemned is situated a n…
Colo. Rev. Stat. § 38-6-122 Eminent domain beyond city limits
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Cities and towns are granted the power of eminent domain both within and beyond their corporate limits, for the purpose of constructing or installing storm or sanitary sewers, septic tanks, disposal works, or electric lines, regulator stations, substations, and related facilities…
Colo. Rev. Stat. § 38-6-200.3 Definitions
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As used in this part 2, unless the context otherwise requires: (1) Municipality means a town, city, city and county, or municipal corporation that has the power of condemnation. Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2102, � 304, effective August 6.
Colo. Rev. Stat. § 38-6-201 Condemnation of water rights by municipalities
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This part 2 shall apply to any water right which is to be condemned by a municipality. Source: L. 75: Entire part added, p. 1408, � 1, effective July 1. L. 2025: Entire section amended, (SB 25-275), ch. 377, p. 2102, � 305, effective August 6.
Colo. Rev. Stat. § 38-6-202 Petition
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(1) The attorney for any municipality, in the name of said municipality, shall apply to the district court of the district in which the municipality is situated, by petition, which petition shall set forth the general nature of the improvement proposed to be established or made, …
Colo. Rev. Stat. § 38-6-204 Defendants - guardian ad litem
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The owners of all property sought to be condemned for the proposed improvement or who would be damaged by said improvement shall be made parties defendant. If the proceeding seeks to affect land owned by a minor or mental incompetent under legal disabilities, the legal guardian o…
Colo. Rev. Stat. § 38-6-205 Judge to set hearing - summons - service - publication
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Upon the filing of the petition, said court shall fix a date for hearing said petition, and the attorney for the petitioner shall prepare and issue a summons, directed to the defendants, notifying them of the date fixed by the court for the hearing. Jurisdiction of said defendant…
Colo. Rev. Stat. § 38-6-206 Answer - hearing - jury
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(1) Any defendant has the right to appear in the proceeding and file an answer, in writing, with the clerk of the court, at any time prior to the date fixed for the hearing of the petition but not thereafter, in which answer said defendant shall set forth such objections as he ma…
Colo. Rev. Stat. § 38-6-207 Duty of commissioners, determination of necessity
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(1) In any case initiated for the acquisition of water rights pursuant to this part 2, it is the duty of the commissioners to: (a) Examine and assess the growth development plan and statement provided by the municipality, from the proposed condemnation, required in section 38-6-2…
Colo. Rev. Stat. § 38-6-208 Commissioners - oaths - hearing
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The commissioners, before entering upon the duties of their office, shall take an oath to faithfully, promptly, and impartially discharge their duties as such commissioners. Any commissioner may administer oaths to witnesses produced before him. The commissioners may issue subpoe…
Colo. Rev. Stat. § 38-6-209 Hearing - notice - publication
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After the report of the commissioners is filed with the clerk of the court, the court shall fix a time for the consideration of said report, and the petitioner shall give written notice to the defendants and all other persons who are the owners of property mentioned in said repor…
Colo. Rev. Stat. § 38-6-211 Jury trial - motion for new trial - appellate proceedings
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(1) At any time prior to the date fixed for the hearing of the petition provided for in section 38-6-205, any defendant who owns or is interested in any property to be taken, appropriated, or damaged on account of the proposed improvement may file his demand, in writing, for a tr…
Colo. Rev. Stat. § 38-6-212 Costs - compensation
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The cost of the proceedings shall be paid by the municipality. The commissioners shall be allowed a reasonable compensation for their services and expenses, the amount of which shall be fixed by the court. The court may also order that the municipality pay reasonable attorney fee…
Colo. Rev. Stat. § 38-6-213 Amendments - new parties - notice
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Amendment to the petition or to any paper or record in the proceedings shall be permitted by the court whenever necessary to a fair hearing and final determination of the questions involved. Should it become necessary at any stage of the proceedings to bring in a new party, the c…
Colo. Rev. Stat. § 38-6-215 Municipality may dismiss proceedings
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The attorney for the municipality commencing the proceedings has the right to withdraw said proceedings or to dismiss the same as to one or more of said defendants or as to one or more parcels of property, without prejudice, at any stage of the proceedings, and the petitioner sha…
Colo. Rev. Stat. § 38-6-216 Ownership in controversy - award
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If the ownership of any property condemned or damaged is in controversy, the amount awarded in payment of said property or the damage thereto shall be paid into the registry of said court for the use of the successful claimants of said property as their respective interests appea…
Colo. Rev. Stat. § 38-7-100.3 Definitions
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As used in this article 7, unless the context otherwise requires: (1) Motion for vesting means a motion described in section 38-7-101 (1) that includes the information required by section 38-7-101 (2). Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2102, � 306, e…
Colo. Rev. Stat. § 38-7-101 Motion for vesting - contents
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(1) In any proceeding initiated by an urban renewal authority, as defined in section 31-25-103, C.R.S., under the provisions of article 1 of this title, the petitioner or any respondent, at any time after the petition has been filed and before judgment is entered in the proceedin…
Colo. Rev. Stat. § 38-7-102 Motion for vesting - procedure with respect thereto
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(1) The court shall set a date, not less than twenty-one days after the filing of such motion, for the hearing thereon, and the court shall require at least fourteen days' notice to be given to each party to the proceeding whose interests would be affected by the taking requested…
Colo. Rev. Stat. § 38-7-103 Vesting of title - procedure
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(1) When the certified report of the commissioners is filed with the clerk of the court, the said clerk shall forthwith notify all parties named in the motion for vesting of the filing of the said report and of the amount preliminarily found to constitute just compensation. (2) W…
Colo. Rev. Stat. § 38-7-104 Withdrawals from deposit
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Upon proper application to the court or by stipulation between the parties, the respondent may withdraw from the sum deposited pursuant to section 38-7-103 (2) an amount not to exceed three-fourths of the highest valuation evidenced by testimony presented by the petitioner to the…
Colo. Rev. Stat. § 38-7-105 Construction of article
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The right to take possession and title prior to the final judgment as prescribed in this article is in addition to any other right, power, or authority otherwise conferred by law and shall not be construed as abrogating, limiting, or modifying any such other right, power, or auth…
Colo. Rev. Stat. § 38-7-106 Commissioners - other articles
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Nothing in this article shall be construed to prevent a commissioner appointed under this article from being appointed pursuant to the provisions of articles 1 to 6 of this title in the same eminent domain proceeding. Nothing in this article shall prevent the appointment of a com…
Colo. Rev. Stat. § 38-7-107 Interest
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The petitioner shall pay interest as provided in section 38-1-116; except that no interest shall be allowed on that portion of the award which the respondent received or could have received as a partial payment by withdrawal from the sum deposited by the petitioner pursuant to se…
Colo. Rev. Stat. § 38-8-101 Short title
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The short title of this article 8, which was formerly known as the Colorado Uniform Fraudulent Transfer Act, is the Colorado Voidable Transactions Act. Source: L. 91: Entire article added, p. 1681, � 1, effective July 1. L. 2025: Entire section amended, (SB 25-133), ch. 57, p. 23…
Colo. Rev. Stat. § 38-8-102 Definitions
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As used in this article 8, unless the context otherwise requires: (1) Affiliate means: (a) A person that directly or indirectly owns, controls, or holds with power to vote twenty percent or more of the outstanding voting securities of the debtor, other than a person that holds th…
Colo. Rev. Stat. § 38-8-103 Insolvency
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(1) A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets at a fair valuation. (2) A debtor that is generally not paying their debts as they become due is presumed to be insolvent. The presumption imposes on the debtor the burden of pro…