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…
Colo. Rev. Stat. § 38-2-102 Entering lands to survey - liability
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Any corporation formed for the purpose of constructing a road, ditch, tunnel, or railroad may cause such examination and survey as may be necessary to the selection of the most advantageous route and, for such purpose, by its officers, agents, or servants may enter upon the lands…
Colo. Rev. Stat. § 38-2-103 Proceedings to drain
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Whenever the owners of any parcels of land desire to construct a drain for the purpose of carrying off surplus water and they cannot agree among themselves or with the parties who own land below, through which it is expedient to carry the drain in order to reach a natural waterwa…
Colo. Rev. Stat. § 38-2-104 Mineral landowner may construct connecting railway spur
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It is lawful for the owner of any coal or other mineral lands, not contiguous to any railroad in this state, desiring to connect such lands with any railroad by means of a connecting railway spur, not to exceed fifteen miles in length, to construct and operate such connecting rai…
Colo. Rev. Stat. § 38-3-101 Condemning public land - petition
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Whenever any corporation authorized to appropriate for a public use by the exercise of the right of eminent domain lands, rights-of-way, or other rights or easements in lands requires, needs, or desires to appropriate lands, rights-of-way, or other rights or easements in lands wh…
Colo. Rev. Stat. § 38-3-102 Notice - service - publication
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The court shall fix a time for the first hearing upon said petition. Notice directed to such owner of the filing of the petition and its object and containing a description of the property and of the time and place of the first hearing shall be published by such corporation in on…
Colo. Rev. Stat. § 38-3-103 Hearing - findings filed - published
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Upon proof being filed of the publication of such notice and of such personal service where required, the court, at the time and place therein fixed or to which the hearing may be adjourned, shall proceed to hear the allegations and proofs of all persons interested which touch th…
Colo. Rev. Stat. § 38-3-104 Order - copy recorded
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In case no appeal is taken within thirty days after the last publication of notice that the findings of the court have been filed, the court, upon the payment by the petitioner to the clerk of such court of the compensation fixed by the court and upon motion of the petitioner, sh…
Colo. Rev. Stat. § 38-3-105 Judgment - appellate review
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Upon the payment into court of the compensation assessed, the court shall give judgment appropriating the lands, rights-of-way, or other rights or easements in lands, as the case may be, to the petitioner, and thereafter the same shall be the property of the petitioner. Either pa…
Colo. Rev. Stat. § 38-4-101 Tunnel companies
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Any foreign or domestic corporation organized or chartered for the purpose, among other things, of carrying, transmitting, or delivering ores, minerals, or other property for hire by means of a tunnel shall have the right-of-way for the construction, operation, and maintenance of…
Colo. Rev. Stat. § 38-4-102 Pipeline companies
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Any foreign or domestic corporation organized or chartered for the purpose, among other things, of conducting or maintaining a pipeline for the transmission of power, water, air, or gas for hire to any mine or mining claim or for any manufacturing, milling, mining, or public purp…
Colo. Rev. Stat. § 38-4-103 Electric power companies
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(1) Any foreign or domestic corporation organized or chartered for the purpose, among other things, of conducting and maintaining electric power lines for providing power or light by means of electricity for hire has a right-of-way for the construction, operation, and maintenance…
Colo. Rev. Stat. § 38-4-104 Tramway companies
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Any foreign or domestic corporation organized or chartered for the purposes, among other things, of conducting and maintaining for hire an aerial tramway for transporting ores, minerals, waste materials, or other property from any mine or mining claim by means of an aerial tramwa…
Colo. Rev. Stat. § 38-4-105 Common carriers - fees
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Any such corporations organized or chartered for any or all of the purposes mentioned in sections 38-4-101 to 38-4-104 shall be deemed common carriers and shall fix and charge only a reasonable and uniform rate to all persons who desire the use of any such tunnel, pipeline, elect…
Colo. Rev. Stat. § 38-4-106 Distance governs rate
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In fixing the rate to be charged its patrons, as provided in section 38-4-105, any such transportation tunnel company or aerial tramway company shall take into consideration the distance over which the materials to be transported are carried. Source: L. 07: p. 284, � 6. R.S. 08: …
Colo. Rev. Stat. § 38-4-107 Compensation
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Any such corporation shall make due and just compensation for such right-of-way to the owners of the property through which it is proposed to construct, operate, and maintain such tunnel, pipeline, electric transmission lines, or aerial tramway. When the parties cannot agree upon…
Colo. Rev. Stat. § 38-4-108 Owner entitled to minerals
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The owner of any vein, lode, mining claim, or other property over which it is proposed to construct a tunnel, as provided in this article, shall have the right to all ores and minerals taken from such vein or lode at the intersection thereof with such tunnel. Source: L. 07: p. 28…
Colo. Rev. Stat. § 38-4-109 Owner to have access to tunnel
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The owner of such vein or lode so intersected shall have the right, at any reasonable time and from time to time, upon application to the superintendent or other managing officer of such tunnel corporation, to enter such tunnel with his surveyors and inspectors for the purpose of…
Colo. Rev. Stat. § 38-4-110 No right to vein matter acquired
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Nothing in this article shall be so construed as to give such tunnel corporation the right to follow any vein or lode without the consent of the owner. When any vein or lode is encountered in driving any such tunnel, such tunnel corporation shall only have the right-of-way to cro…
Colo. Rev. Stat. § 38-4-111 Tunnel company to file map
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Any such tunnel corporation desiring to avail itself of the benefit of this article shall file with the county clerk and recorder of the county in which it is proposed to operate a map or survey of the proposed tunnel for which it desires a right-of-way, together with a statement…
Colo. Rev. Stat. § 38-4-112 Pipeline company to file map
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Any such pipeline corporation desiring to avail itself of the benefit of this article shall file with the county clerk and recorder of the county in which it is proposed to operate a map or survey of the proposed line for which it desires a right-of-way, together with a statement…
Colo. Rev. Stat. § 38-4-113 Power company to file map
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Any such electric power transmission corporation desiring to avail itself of the benefit of this article shall file with the county clerk and recorder of the county in which it proposes to operate a map or survey of the proposed lines for which it desires a right-of-way, together…
Colo. Rev. Stat. § 38-4-114 Tramway company to file map
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Any such aerial tramway corporation desiring to avail itself of the benefit of this article shall file with the county clerk and recorder of the county in which it is proposed to operate a map or survey of the proposed route for which it desires a right-of-way, together with a st…
Colo. Rev. Stat. § 38-4-115 Companies to transport ore - toll
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Any such tunnel or aerial tramway corporation, subject to its reasonable regulations, shall accept from the owners of mining properties all ores, waste materials, and other materials loaded in cars and delivered to it along its line of tunnel or aerial tramways for transportation…
Colo. Rev. Stat. § 38-4-116 Companies to furnish power - fees
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Any such pipeline corporation or electric power transmission corporation, subject to its reasonable regulations, shall furnish to the owners of mining properties power from said pipelines or electric power transmission lines upon payment to it at the rates established and fixed b…
Colo. Rev. Stat. § 38-5-101 Use of public highways
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Any domestic or foreign electric light power, gas, or pipeline company authorized to do business under the laws of this state or any city or town owning electric power producing or distribution facilities shall have the right to construct, maintain, and operate lines of electric …
Colo. Rev. Stat. § 38-5-102 Right-of-way across state land
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Any domestic or foreign electric light power, gas, or pipeline company authorized to do business under the laws of this state, or any city or town owning electric power producing or distribution facilities shall have the right to construct, maintain, and operate lines of electric…
Colo. Rev. Stat. § 38-5-103 Power of companies to contract
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(1) Such electric light power, gas, or pipeline company, or such city, town, or other local government shall have power to contract with any person or corporation, the owner of any lands or any franchise, easement, or interest therein over or under which the line of electric ligh…