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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. § 38-45-104 Carbon monoxide alarms in rental properties
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(1) Except as provided in subsection (5) of this section, any single-family dwelling or dwelling unit in a multi-family dwelling used for rental purposes and that includes fuel-fired appliances or an attached garage where, on or after July 1, 2009, interior alterations, repairs, …
Colo. Rev. Stat. § 38-45-105 Municipal or county ordinances regarding carbon monoxide alarms
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Nothing in this article shall be construed to limit a municipality, city, home rule city, city and county, county, or other local government entity from adopting or enforcing any requirements for the installation and maintenance of carbon monoxide alarms that are more stringent t…
Colo. Rev. Stat. § 38-45-106 Limitation of liability
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(1) No person shall have a claim for relief against a property owner, an authorized agent of a property owner, a person in possession of real property, or an installer for any damages resulting from the operation, maintenance, or effectiveness of a carbon monoxide alarm if the pr…
Colo. Rev. Stat. § 38-46-101 Definitions

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As used in this article 46, unless the context otherwise requires: (1) "Contract" means a contract to construct, alter, or repair a structure on or improvement on real property. (2) "Contractor" means a person that is a party to a contract with a property owner. (2.5) "Like bond"…

Colo. Rev. Stat. § 38-46-102 Applicability of article

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(1) Except as provided in subsection (2) of this section, this article 46 applies to: (a) A contract that: (I) Has a price of at least one hundred fifty thousand dollars; and (II) Is made between a property owner and a contractor; (b) A subcontract to a contract described in subs…

Colo. Rev. Stat. § 38-46-103 Private construction contracts - retainage - conditions precedent

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(1) (a) A property owner, contractor, or subcontractor shall not withhold as retainage more than five percent of the price of the work completed under the contract or subcontract. Making a partial payment under this subsection (1) is not acceptance or approval of some of the work…

Colo. Rev. Stat. § 38-46-104 Lien waivers

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To receive payment under this article 46, the recipient of the payment must provide an executed lien waiver for amounts actually paid if required by the contract, subcontract, or supply agreement. Source: L. 2021: Entire article added, (HB 21-1167), ch. 146, p. 861, § 1, effectiv…

Colo. Rev. Stat. § 38-50-101 Survey plat - records file and index system - informational purpose

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(1) Survey plats required pursuant to section 38-51-107 and this section shall: (a) Comply with section 38-51-106; (b) Depending on the location of the land, contain the following information in the title block: (I) For parcels of land located within the United States rectangular…

Colo. Rev. Stat. § 38-50-102 Public records - original field notes and plats

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(1) The board of county commissioners for each county is authorized to employ some competent person, at the expense of the county, to make copies of the original field notes and plats of surveys of all lands surveyed or to be surveyed after March 14, 1877, by the officers appoint…

Colo. Rev. Stat. § 38-50-103 Public records - monument records

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(1) The state board of licensure for architects, professional engineers, and professional land surveyors, created in section 12-120-103, shall employ personnel at the expense of such board's licensed professional land surveyors to maintain a record-keeping and indexing system for…

Colo. Rev. Stat. § 38-51-101 Applicability - state - county - local - persons

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The provisions of this article shall apply to all agencies of state, county, and local government as well as to individuals, corporations, and partnerships engaged in the private practice of land surveying. This article shall not apply to the location or relocation of mining clai…

Colo. Rev. Stat. § 38-51-102 Definitions

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As used in this article 51, unless the context otherwise requires: (1) "Accessory" means any physical evidence in the vicinity of a survey monument, the relative location of which is of public record and which is used to help perpetuate the location of the monument. Accessories s…

Colo. Rev. Stat. § 38-51-103 Procedure for subdividing section

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(1) Whenever a professional land surveyor conducts a survey for the purpose of locating a parcel of land which is described in terms of the nomenclature of the public land survey system, such professional land surveyor shall proceed according to the applicable rules contained in …

Colo. Rev. Stat. § 38-51-104 Monumentation of land surveys

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(1) (a) The corners of lots, tracts, other parcels of land, aliquot corners not described in subsection (4) of this section, and any line points or reference points which are set to perpetuate the location of any land boundary or easement shall, when established on the ground by …

Colo. Rev. Stat. § 38-51-105 Monumentation of subdivisions

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(1) (a) Prior to recording a plat, the external boundaries of any platted subdivisions shall be monumented on the ground by reasonably permanent monuments solidly embedded in the ground. (b) A durable cap bearing the license number of the professional land surveyor responsible fo…

Colo. Rev. Stat. § 38-51-106 Land survey plats

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(1) All land survey plats shall include but shall not be limited to the following: (a) A scale drawing of the boundaries of the land parcel; (b) (I) All recorded and apparent rights-of-way and easements, and, if research for recorded rights-of-way and easements is done by someone…

Colo. Rev. Stat. § 38-51-107 Required plats

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(1) Every professional land surveyor who accepts a monument while performing a monumented land survey shall prepare and deposit a plat if such monument is not of record either in the clerk and recorder's office of the county in which the monument lies or in the public office desi…

Colo. Rev. Stat. § 38-51-108 Improvement location certificate

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(1) A professional land surveyor may prepare an improvement location certificate for the use of a specific client based upon the professional land surveyor's general knowledge of land boundaries and monuments in a given area whether or not the client is the owner or buyer; except…

Colo. Rev. Stat. § 38-51-109 Unlawful sale

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(1) It is unlawful for any person to offer to sell, to sell, or otherwise to receive remuneration for any map or plat which purports to be a survey map or plat unless such map or plat conforms with the standards, requirements, and terminology of the provisions of this article. (2…

Colo. Rev. Stat. § 38-51-109.3 Geographic information system positions - professional land surveyor

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(1) A professional land surveyor shall be exempt from the requirements of section 38-51-103 when making a GIS land position determination. A GIS land position made by a professional land surveyor shall have the following limitations: (a) It does not meet the requirements of a lan…

Colo. Rev. Stat. § 38-51-110 Violations

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(1) It is the responsibility of the district attorneys of this state to prosecute any person suspected of willfully and knowingly violating this article. (2) Any person, including the responsible official of any agency of state, county, or local government, who willfully and know…

Colo. Rev. Stat. § 38-51-111 Surveyor's affidavit of correction

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(1) If an error described in subsection (2) of this section is discovered on any subdivision plat, land survey plat, or any other survey plat or parcel description duly recorded in the clerk and recorder's office of the county in which the subdivision, land, or parcel is situated…

Colo. Rev. Stat. § 38-52-101 Colorado coordinate system zones defined

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(1) The systems of plane coordinates which have been established by the national ocean service/national geodetic survey (formerly the United States coast and geodetic survey) or its successors for defining and stating the geographic positions or locations of points on the surface…

Colo. Rev. Stat. § 38-52-102 Colorado coordinate system names defined

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(1) As established for use in the north zone, the Colorado coordinate system of 1927 or the Colorado coordinate system of 1983 shall be named; and, in any land description in which it is used, it shall be designated the Colorado coordinate system of 1927 north zone or the Colorad…

Colo. Rev. Stat. § 38-52-103 Colorado coordinate system defined

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(1) The plane coordinate values for a point on the earth's surface, used to express the geographic position or location of such point in the appropriate zone of this system, shall consist of two distances expressed in United States survey feet and decimals of a foot when using th…

Colo. Rev. Stat. § 38-52-104 Federal and state coordinate description same tract - federal precedence

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(1) Whenever coordinates based on the Colorado coordinate system are used to describe any tract of land which in the same document is also described by reference to any subdivision, line, or corner of the United States public land surveys, the description by coordinates shall be …

Colo. Rev. Stat. § 38-52-105 Colorado coordinate system origins defined

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(1) For the purposes of more precisely defining the Colorado coordinate system of 1927, the following definitions by the United States coast and geodetic survey (now the national ocean survey/national geodetic survey) are adopted: (a) The "Colorado coordinate system of 1927 north…

Colo. Rev. Stat. § 38-52-106 Colorado coordinate system - use of term

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The use of the term "Colorado coordinate system of 1927 north zone, central zone, or south zone" or "Colorado coordinate system of 1983 north zone, central zone, or south zone" on any map, report of survey, or other document shall be limited to coordinates based on the Colorado c…

Colo. Rev. Stat. § 38-52-106.5 State plane coordinate system updates

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(1) Notwithstanding any provision in this article 52 to the contrary, except as set forth in section 38-52-104, a person may use the most recent or a prior version of the state plane coordinate system established by the national geodetic survey or its successor organization to st…

Colo. Rev. Stat. § 38-52-107 Severability

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If any provision of this article is declared invalid, such invalidity shall not affect any other portion of this article, which can be given effect without the invalid provision; and, to this end, the provisions of this article are declared severable. Source: L. 88: Entire articl…

Colo. Rev. Stat. § 38-53-101 Legislative declaration

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It is hereby declared to be a public policy of this state to encourage the establishment and preservation of accurate land boundaries, including durable monuments and complete public records, and to minimize the occurrence of land boundary disputes and discrepancies. Source: L. 9…

Colo. Rev. Stat. § 38-53-102 Applicability - state - county - local - persons

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The provisions of this article shall apply to all agencies of state, county, and local government as well as to individuals, corporations, and partnerships engaged in the private practice of land surveying. Source: L. 94: Entire article R&RE, p. 1522, § 48, effective July 1.

Colo. Rev. Stat. § 38-53-103 Definitions

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As used in this article 53, unless the context otherwise requires: (1) "Accessory" means any physical evidence in the vicinity of a survey monument, the relative location of which is of public record and which is used to help perpetuate the location of the monument. Accessories s…

Colo. Rev. Stat. § 38-53-104 Submission of monument record required

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(1) (a) If a professional land surveyor conducts a survey that uses any monument representing a public land survey monument location, quarter section corner, sixteenth section corner, government land office or bureau of land management lot corner as defined by the nomenclature of…

Colo. Rev. Stat. § 38-53-105 Professional land surveyor must rehabilitate monuments

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For any monument record of a public land survey corner which is required to be submitted pursuant to this article, the professional land surveyor shall restore or rehabilitate the corner monument so it is readily identifiable and reasonably durable, if field conditions require it…

Colo. Rev. Stat. § 38-53-106 Form of monument records - prescribed by board

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The board shall adopt and revise as necessary the form and technical specifications for submission of monument records, including the information to be included with, or as part of, the records. The board shall not require the forms submitted under section 38-53-104 to be submitt…

Colo. Rev. Stat. § 38-53-107 Monument records - conditions for acceptance

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The board shall not accept a monument record unless it complies with the form and technical specifications established by the board under section 38-53-106 and is signed, sealed, or otherwise authenticated by the professional land surveyor who was in responsible charge of the wor…

Colo. Rev. Stat. § 38-53-108 Submission permitted on any survey monument

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A professional land surveyor may submit a monument record describing any land survey monument, accessory, or bench mark with the board. Source: L. 94: Entire article R&RE, p. 1525, § 48, effective July 1. L. 2013: Entire section amended, (SB 13-161), ch. 356, p. 2096, § 43, effec…

Colo. Rev. Stat. § 38-53-109 Fees

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The board shall not charge a fee for submissions related to public land survey monuments and their accessories and aliquot corners or bench marks. For all other filings, the board may establish a fee pursuant to section 12-20-105, which shall be payable to the board at the time o…

Colo. Rev. Stat. § 38-53-110 Violations

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(1) It is the responsibility of the district attorneys of this state to prosecute any person suspected of willfully and knowingly violating this article. (2) Any person, including the responsible official of any agency of state, county, or local government, who willfully and know…

Colo. Rev. Stat. § 38-5.5-101 Legislative declaration

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(1) The general assembly hereby finds, determines, and declares that: (a) The passage of House Bill 95-1335, enacted at the first regular session of the sixtieth general assembly, established a policy within the state to encourage competition among the various telecommunications …

Colo. Rev. Stat. § 38-5.5-102 Definitions

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As used in this article 5.5, unless the context otherwise requires: (1) "Broadband" or "broadband service" has the same meaning as set forth in 7 U.S.C. sec. 950bb (b)(1) as of August 6, 2014, and includes "cable service", as defined in 47 U.S.C. sec. 522 (6) as of August 6, 2014…

Colo. Rev. Stat. § 38-5.5-103 Use of public highways - discrimination prohibited - content regulation prohibited

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(1) (a) Any domestic or foreign telecommunications provider or broadband provider authorized to do business under the laws of this state has the right to construct, maintain, and operate conduit, cable, switches, and related appurtenances and facilities, and communications and br…

Colo. Rev. Stat. § 38-5.5-104 Right-of-way across state land

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Any domestic or foreign telecommunications provider or broadband provider authorized to do business under the laws of this state has the right to construct, maintain, and operate lines of communication, switches, and related facilities, and communications and broadband facilities…

Colo. Rev. Stat. § 38-5.5-104.5 Use of local government entity structures

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(1) Except as provided in subsection (2) of this section and subject to the requirements and limitations of this article 5.5, part 4 of article 27 of title 29, and a local government entity's police powers, a telecommunications provider or a broadband provider has the right to lo…

Colo. Rev. Stat. § 38-5.5-105 Power of companies to contract

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Any domestic or foreign telecommunications provider or broadband provider has the power to contract with any individual; corporation; or the owner of any lands, franchise, easement, or interest therein over or under which the provider's conduits; cable; switches; communications o…

Colo. Rev. Stat. § 38-5.5-106 Consent necessary for use of streets

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(1) (a) This article 5.5 does not authorize any telecommunications provider or broadband provider to erect, within a political subdivision, any poles or construct any communications or broadband facilities, including small cell facilities and small cell networks; conduit; cable; …

Colo. Rev. Stat. § 38-5.5-107 Permissible taxes, fees, and charges

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(1) (a) No political subdivision shall levy a tax, fee, or charge for any right or privilege of engaging in a business or for use of a public highway other than: (I) A license fee or tax authorized under section 31-15-501 (1)(c), C.R.S., or article XX of the state constitution; a…

Colo. Rev. Stat. § 38-5.5-108 Pole attachment agreements - limitations on required payments

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(1) Neither a local government entity nor a municipally owned utility shall request or receive from a telecommunications provider, broadband provider, or cable television provider, as defined in section 602 (5) of the federal "Cable Communications Policy Act of 1984", in exchange…

Colo. Rev. Stat. § 38-5.5-109 Notice of trenching - permitted access

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(1) (a) The state or a political subdivision shall provide notice on a competitively neutral basis to broadband providers of any utility trenching project that it conducts, but notice is not required for emergency repair projects. The state or political subdivision shall provide …