C.R.S. § 38-13-1008 — CO Code / Title 38 / Article 13 / Part 10 / Section 38-13-1008
38-13-1008. Complaint to administrator about conduct of person conducting examination
Status: in_force

38-13-1008. Complaint to administrator about conduct of person conducting examination. (1) If a person subject to examination under section 38-13-1002 believes the person conducting the examination has made an unreasonable or unauthorized request or is not proceeding expeditiously to complete the examination, the person in a record may ask the administrator to intervene and take appropriate remedial action, including countermanding the request of the person conducting the examination, imposing a time limit for completion of the examination, or reassigning the examination to another person.

(2) If a person in a record requests a conference with the administrator to present matters that are the basis of a request under subsection (1) of this section, the administrator shall hold the conference not later than thirty days after receiving the request. The administrator may hold the conference in person, by telephone, or by electronic means.

(3) If a conference is held under subsection (2) of this section, not later than thirty days after the conference ends, the administrator shall provide a report in a record of the conference to the person that requested the conference.
C.R.S. § 38-13-1205 — CO Code / Title 38 / Article 13 / Part 12 / Section 38-13-1205
38-13-1205. Other civil penalties
Status: in_force

38-13-1205. Other civil penalties. (1) If a holder enters into a contract or other arrangement for the purpose of evading an obligation under this article 13 or otherwise willfully fails to perform a duty imposed on the holder under this article 13, the administrator may require the holder to pay the administrator, in addition to interest as provided in section 38-13-1204 (1), a civil penalty of one thousand dollars for each day the obligation is evaded or the duty is not performed, up to a cumulative maximum amount of twenty-five thousand dollars, plus twenty-five percent of the amount or value of property that should have been but was not reported, paid, or delivered as a result of the evasion or failure to perform.

(2) If a holder makes a fraudulent report under this article 13, the administrator may require the holder to pay to the administrator, in addition to interest under section 38-13-1204 (1), a civil penalty of one thousand dollars for each day from the date the report was made until corrected, up to a cumulative maximum amount of twenty-five thousand dollars, plus twenty-five percent of the amount or value of any property that should have been reported but was not included in the report or was underreported.
C.R.S. § 38-30-114 — CO Code / Title 38 / Article 30 / Section 38-30-114
38-30-114. Validation of acknowledgments
Status: in_force

38-30-114. Validation of acknowledgments. Any deed or other conveyance of real property executed pursuant to section 38-30-113, if acknowledged in conformity with the provisions of section 38-35-101, shall be considered for all purposes as having been properly acknowledged. Such acknowledgment shall carry with it the presumption provided for by said section 38-35-101.
C.R.S. § 38-21-104 — CO Code / Title 38 / Article 21 / Section 38-21-104
38-21-104. How notice given
Status: in_force

38-21-104. How notice given. (1) The notice required in this article shall be satisfied by mailing a registered letter, with a return address marked thereon, addressed to the owner of the property if an address was given at the time of delivery of the property, stating that the garments, clothing, wearing apparel, household goods, or any other items on which any of the services or labor mentioned in section 38-21-102 have been performed shall be sold unless they are reclaimed within thirty days after the date of the notice. The notice shall also include the time and place of the sale. The cost of posting or mailing said letter shall be added to the charges.

(2) (Deleted by amendment, L. 94, p. 462, § 1, effective March 31, 1994.)

(3) Whether or not an address was given at the time of delivery of the property, the person holding such property may dispose of any item after one hundred eighty days without notice pursuant to the provisions of section 38-21-102 (2) or section 38-21-103 (2).
C.R.S. § 38-36-115 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-115
38-36-115. Filing and service of application - land registration docket
Status: in_force

38-36-115. Filing and service of application - land registration docket. The application shall be filed in the office of the clerk of the court to which the application is made, and in case of personal service a true copy thereof shall be served with the summons, and the clerk shall docket the case in a book to be kept for that purpose, which shall be known as the "land registration docket". The record entry of the application shall be entitled (name of applicant), plaintiff, against (here insert names of all persons named in the application as being in possession of the premises, or as having any lien, encumbrance, right, title, or interest in the land, and the names of all persons found by the report of the examiner provided for in section 38-36-118 to be in possession or to have any lien, encumbrance, right, title, or interest in the land), also all other persons or parties unknown, claiming any right, title, estate, lien, or interests in the real estate described in the application as defendants. All orders, judgments, and decrees of the court in the case shall be appropriately entered in such docket. All final orders or decrees shall be recorded, and proper reference made thereto in such docket.
C.R.S. § 38-36-132 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-132
38-36-132. Action to recover land - limitation
Status: in_force

38-36-132. Action to recover land - limitation. No person shall commence any proceeding for the recovery of lands or any interest, right, lien, or demand therein or upon the same adverse to the title or interest as found or decreed in the decree of registration unless within ninety days after the entry of the order or decree. This section shall be construed as giving such right of action to such person only as shall not, because of some irregularity, insufficiency, or for some other cause, be bound and concluded by such order or decree.
C.R.S. § 38-14-103 — CO Code / Title 38 / Article 14 / Section 38-14-103
38-14-103. Limitations on recovery of loaned property
Status: in_force

38-14-103. Limitations on recovery of loaned property. (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 unknown to the museum; or

(b) More than one hundred twenty days have passed since a museum has given written notice of termination of a loan pursuant to section 38-14-104 and the lender has not reclaimed the loaned property; except that no lender shall be prejudiced in this regard for want of reasonable cooperation from the museum holding his loaned property.
C.R.S. § 38-12-504 — CO Code / Title 38 / Article 12 / Part 5 / Section 38-12-504
38-12-504. Tenant's maintenance of premises
Status: in_force

38-12-504. Tenant's maintenance of premises. (1) In addition to any duties imposed upon a tenant by a rental agreement, every tenant of a residential premises has a duty to use that portion of the premises within the tenant's control in a reasonably clean and safe manner. A tenant fails to maintain the premises in a reasonably clean and safe manner when the tenant substantially fails to:

(a) Comply with obligations imposed upon tenants by applicable provisions of building, health, and housing codes materially affecting health and safety;

(b) Keep the dwelling unit reasonably clean, safe, and sanitary as permitted by the conditions of the unit;

(c) Dispose of ashes, garbage, rubbish, and other waste from the dwelling unit in a clean, safe, sanitary, and legally compliant manner;

(d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, elevators, and other facilities and appliances in the dwelling unit;

(e) Conduct himself or herself and require other persons in the residential premises within the tenant's control to conduct themselves in a manner that does not disturb their neighbors' peaceful enjoyment of the neighbors' dwelling unit; or

(f) Promptly notify the landlord if the residential premises is uninhabitable as defined in section 38-12-505 or if there is a condition that could result in the premises becoming uninhabitable if not remedied.

(2) In addition to the duties set forth in subsection (1) of this section, a tenant shall not knowingly, intentionally, deliberately, or negligently destroy, deface, damage, impair, or remove any part of the residential premises or knowingly permit any person within his or her control to do so.

(3) Nothing in this section shall be construed to authorize a modification of a landlord's obligations under this part 5.
C.R.S. § 38-26-105 — CO Code / Title 38 / Article 26 / Section 38-26-105
38-26-105. Public works contractor's bond - conditions - applicability - definitions
Status: in_force

38-26-105. Public works contractor's bond - conditions - applicability - definitions. (1) Subject to subsection (2) of this section, any person, company, firm, or corporation entering into a contract for more than fifty thousand dollars with any county, municipality, or school district for the construction of any public building or the prosecution or completion of any public works or for repairs upon any public building or public works is required before commencing work to execute, in addition to all bonds that may be required of it, a penal bond with good and sufficient surety to be approved by the board or boards of county commissioners of the county or counties, the governing body or bodies of the municipality or municipalities, or the district school board or boards, conditioned that such contractor shall at all times promptly make payments of all amounts lawfully due to all persons supplying or furnishing such person or such person's subcontractors with labor, laborers, materials, rental machinery, tools, or equipment used or performed in the prosecution of the work provided for in such contract and that such contractor will indemnify and save harmless the county, municipality, or school district to the extent of any payments in connection with the carrying out of any such contract which the county or counties, municipality or municipalities, and school district or school districts may be required to make under the law. Subcontractors, materialmen, mechanics, suppliers of rental equipment, and others may have a right of action for amounts lawfully due them from the contractor or subcontractor directly against the principal and surety of such bond. Such action for laborers, materials, rental machinery, tools, or equipment furnished or labor rendered must be brought within six months after the completion of the work.

(2) Notwithstanding the monetary qualification provided in subsection (1) of this section, the state, or the governing body of any county, municipality, school district, or other political subdivision determining it to be in the best interest of this state, or any county, municipality, school district, or other political subdivision may require the execution of a penal bond for any contract of fifty thousand dollars or less.

(3) This section applies to all contracts for more than fifty thousand dollars awarded to a private entity for the construction of any public building or the prosecution or completion of any public works or for repairs upon any public building or public works that is situated or located on publicly owned property using any public or private money or public or private financing.
C.R.S. § 38-41-115 — CO Code / Title 38 / Article 41 / Part 1 / Section 38-41-115
38-41-115. Setting aside judgments against unknown parties
Status: in_force

38-41-115. Setting aside judgments against unknown parties. No action shall be brought after the expiration of one year from March 14, 1923, to set aside any decree or judgment entered in any action brought against unknown parties where there has been a substantial compliance with the requirements of the Colorado rules of civil procedure as to jurisdiction, pleadings, and service of process.
C.R.S. § 38-41-106 — CO Code / Title 38 / Article 41 / Part 1 / Section 38-41-106
38-41-106. Limitation seven years - possession under official and judicial conveyance or or
Status: in_force

38-41-106. Limitation seven years - possession under official and judicial conveyance or orders. Actions brought for the recovery of any lands, tenements, or hereditaments which any person may claim by virtue of actual residence, occupancy, or possession for seven successive years having a connected title in law or equity, deducible of record, from this state or the United States, or from any public officer or other person authorized by the laws of this state to sell such land for the nonpayment of taxes, or from any sheriff, marshal, or other person authorized to sell such land on execution, or under any order, judgment, or decree of any court of record shall be brought within seven years next after possession has been taken as provided in this section; but when the possessor acquires such title after taking such possession, the limitation shall begin to run from the time of acquiring title.
C.R.S. § 38-36-149 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-149
38-36-149. Effect of recording instruments
Status: in_force

38-36-149. Effect of recording instruments. Every conveyance, lien, attachment, order, decree, judgment of a court of record, or instrument or entry which would under existing law, if recorded, filed, or entered in the office of the county clerk and recorder of the county in which the real estate is situate, affect the said real estate to which it relates, if the title thereto were not registered, shall, if recorded, filed, or entered in the office of the registrar of titles in the county where the real estate to which such instrument relates is situate, affect in like manner the title thereto if registered, and shall be notice to all persons from the time of such recording, filing, or entering.
C.R.S. § 38-33.3-304 — CO Code / Title 38 / Article 33.3 / Part 3 / Section 38-33.3-304
38-33.3-304. Transfer of special declarant rights
Status: reserved

38-33.3-304. Transfer of special declarant rights. (1) A special declarant right created or reserved under this article may be transferred only by an instrument evidencing the transfer recorded in every county in which any portion of the common interest community is located. The instrument is not effective unless executed by the transferee.

(2) Upon transfer of any special declarant right, the liability of a transferor declarant is as follows:

(a) A transferor is not relieved of any obligation or liability arising before the transfer and remains liable for warranty obligations imposed upon such transferor by this article. Lack of privity does not deprive any unit owner of standing to bring an action to enforce any obligation of the transferor.

(b) If a successor to any special declarant right is an affiliate of a declarant, the transferor is jointly and severally liable with the successor for the liabilities and obligations of the successor which relate to the common interest community.

(c) If a transferor retains any special declarant rights but transfers other special declarant rights to a successor who is not an affiliate of the declarant, the transferor is liable for any obligations or liabilities imposed on a declarant by this article or by the declaration relating to the retained special declarant rights and arising after the transfer.

(d) A transferor has no liability for any act or omission or any breach of a contractual or warranty obligation arising from the exercise of a special declarant right by a successor declarant who is not an affiliate of the transferor.

(3) Unless otherwise provided in a mortgage instrument, deed of trust, or other agreement creating a security interest, in case of foreclosure of a security interest, sale by a trustee under an agreement creating a security interest, tax sale, judicial sale, or sale under bankruptcy or receivership proceedings of any units owned by a declarant or real estate in a common interest community subject to development rights, a person acquiring title to all the property being foreclosed or sold succeeds to only those special declarant rights related to that property held by that declarant which are specified in a written instrument prepared, executed, and recorded by such person at or about the same time as the judgment or instrument or by which such person obtained title to all of the property being foreclosed or sold.

(4) Upon foreclosure of a security interest, sale by a trustee under an agreement creating a security interest, tax sale, judicial sale, or sale under bankruptcy act or receivership proceedings of all interests in a common interest community owned by a declarant:

(a) The declarant ceases to have any special declarant rights; and

(b) The period of declarant control terminates unless the instrument which is required by subsection (3) of this section to be prepared, executed, and recorded at or about the same time as the judgment or instrument conveying title provides for transfer of all special declarant rights to a successor declarant.

(5) The liabilities and obligations of persons who succeed to special declarant rights are as follows:

(a) A successor to any special declarant right who is an affiliate of a declarant is subject to all obligations and liabilities imposed on any declarant by this article or by the declaration.

(b) A successor to any special declarant right, other than a successor described in paragraph (c) or (d) of this subsection (5) or a successor who is an affiliate of a declarant, is subject to all obligations and liabilities imposed by this article or the declaration:

(I) On a declarant which relate to the successor's exercise or nonexercise of special declarant rights; or

(II) On the declarant's transferor, other than:

(A) Misrepresentations by any previous declarant;

(B) Warranty obligations on improvements made by any previous declarant or made before the common interest community was created;

(C) Breach of any fiduciary obligation by any previous declarant or such declarant's appointees to the executive board; or

(D) Any liability or obligation imposed on the transferor as a result of the transferor's acts or omissions after the transfer.

(c) A successor to only a right reserved in the declaration to maintain models, sales offices, and signs, if such successor is not an affiliate of a declarant, may not exercise any other special declarant right and is not subject to any liability or obligation as a declarant.

(d) A successor to all special declarant rights held by a transferor who succeeded to those rights pursuant to the instrument prepared, executed, and recorded by such person pursuant to the provisions of subsection (3) of this section may declare such successor's intention in such recorded instrument to hold those rights solely for transfer to another person. Thereafter, until transferring all special declarant rights to any person acquiring title to any unit or real estate subject to development rights owned by the successor or until recording an instrument permitting exercise of all those rights, that successor may not exercise any of those rights other than the right held by such successor's transferor to control the executive board in accordance with the provisions of section 38-33.3-303 (5) for the duration of any period of declarant control, and any attempted exercise of those rights is void. So long as a successor declarant may not exercise special declarant rights under this subsection (5), such successor declarant is not subject to any liability or obligation as a declarant, other than liability for the successor's acts and omissions under section 38-33.3-303 (4).

(6) Nothing in this section subjects any successor to a special declarant right to any claims against or other obligations of a transferor declarant, other than claims and obligations arising under this article or the declaration.
C.R.S. § 38-12-601 — CO Code / Title 38 / Article 12 / Part 6 / Section 38-12-601
38-12-601. Unreasonable restrictions on electric vehicle charging systems and electric vehi
Status: in_force

38-12-601. Unreasonable restrictions on electric vehicle charging systems and electric vehicle parking - definitions. (1) Notwithstanding any provision in the lease to the contrary, and subject to subsection (2) of this section:

(a) A tenant may install, at the tenant's expense for the tenant's own use, a level 1 or level 2 electric vehicle charging system on or in:

(I) The leased premises;

(II) An assigned or deeded parking space that is part of or assigned to the leased premises; or

(III) A parking space that is accessible to both the tenant and other tenants;

(b) A landlord shall not assess or charge a tenant any fee for the placement or use of an electric vehicle charging system; except that:

(I) The landlord may require reimbursement for the actual cost of electricity provided by the landlord that was used by the charging system or, alternatively, may charge a reasonable fee for access. If the charging system is part of a network for which a network fee is charged, the landlord's reimbursement may include the amount of the network fee. Nothing in this section requires a landlord to impose upon a tenant any fee or charge other than the rental payments specified in the lease.

(II) The landlord may require reimbursement for the cost of the installation of the charging system, including any additions or upgrades to existing wiring directly attributable to the requirements of the charging system, if the landlord places or causes the electric vehicle charging system to be placed at the request of the tenant; and

(III) If the tenant desires to place an electric vehicle charging system in an area accessible to other tenants, the landlord may assess or charge the tenant a reasonable fee to reserve a specific parking spot in which to install the charging system.

(c) A landlord shall not restrict parking based on a vehicle being a plug-in hybrid vehicle or plug-in electric vehicle.

(2) A landlord may require a tenant to comply with:

(a) Bona fide safety requirements, consistent with an applicable building code or recognized safety standard, for the protection of persons and property;

(b) A requirement that the charging system be registered with the landlord within thirty days after installation; or

(c) Reasonable aesthetic provisions that govern the dimensions, placement, or external appearance of an electric vehicle charging system.

(3) A tenant may place an electric vehicle charging system in an area accessible to other tenants if:

(a) The charging system is in compliance with all applicable requirements adopted pursuant to subsection (2) of this section; and

(b) The tenant agrees in writing to:

(I) Comply with the landlord's design specifications for the installation of the charging system;

(II) Engage the services of a duly licensed and registered electrical contractor familiar with the installation and code requirements of an electric vehicle charging system; and

(III) (A) Provide, within fourteen days after receiving the landlord's consent for the installation, a certificate of insurance naming the landlord as an additional insured on the tenant's renters' insurance policy for any claim related to the installation, maintenance, or use of the system or, at the landlord's option, reimbursement to the landlord for the actual cost of any increased insurance premium amount attributable to the system, notwithstanding any provision to the contrary in the lease.

(B) A certificate of insurance under sub-subparagraph (A) of this subparagraph (III) must be provided within fourteen days after the tenant receives the landlord's consent for the installation. Reimbursement for an increased insurance premium amount under sub-subparagraph (A) of this subparagraph (III) must be provided within fourteen days after the tenant receives the landlord's invoice for the amount attributable to the system.

(4) If the landlord consents to a tenant's installation of an electric vehicle charging system on property accessible to other tenants, including a parking space, carport, or garage stall, then, unless otherwise specified in a written agreement with the landlord:

(a) The tenant, and each successive tenant with exclusive rights to the area where the charging system is installed, is responsible for any costs for damages to the charging system and to any other property of the landlord or of another tenant that arise or result from the installation, maintenance, repair, removal, or replacement of the charging system;

(b) Each successive tenant with exclusive rights to the area where the charging system is installed shall assume responsibility for the repair, maintenance, removal, and replacement of the charging system until the system has been removed;

(c) The tenant and each successive tenant with exclusive rights to the area where the system is installed shall at all times have and maintain an insurance policy covering the obligations of the tenant under this subsection (4) and shall name the landlord as an additional insured under the policy; and

(d) The tenant and each successive tenant with exclusive rights to the area where the system is installed is responsible for removing the system if reasonably necessary or convenient for the repair, maintenance, or replacement of any property of the landlord, whether or not leased to another tenant.

(5) A charging system installed at the tenant's cost is property of the tenant. Upon termination of the lease, if the charging system is removable, the tenant may either remove it or sell it to the landlord or another tenant for an agreed price. Nothing in this subsection (5) requires the landlord or another tenant to purchase the charging system.

(6) As used in this section:

(a) "Electric vehicle charging system" or "charging system" means a device that is used to provide electricity to a plug-in electric vehicle or plug-in hybrid vehicle, is designed to ensure that a safe connection has been made between the electric grid and the vehicle, and is able to communicate with the vehicle's control system so that electricity flows at an appropriate voltage and current level. An electric vehicle charging system may be wall-mounted or pedestal style and may provide multiple cords to connect with electric vehicles. An electric vehicle charging system must be certified by underwriters laboratories or an equivalent certification and must comply with the current version of article 625 of the national electrical code.

(b) "Level 1" means a charging system that provides charging through a one-hundred-twenty volt AC plug with a cord connector that meets the SAE international J1772 standard or a successor standard.

(c) "Level 2" means a charging system that provides charging through a two-hundred-eight to two-hundred-forty volt AC plug with a cord connector that meets the SAE international J1772 standard or a successor standard.

(7) This section applies to residential rental properties and commercial rental properties.
C.R.S. § 38-24-105 — CO Code / Title 38 / Article 24 / Section 38-24-105
38-24-105. Action commenced within six months
Status: in_force

38-24-105. Action commenced within six months. Every person, firm, or corporation filing a statement as provided in section 38-24-104 and claiming a lien under this article shall commence suit thereon in the district court of the county in which the statement is filed not later than six months after the date of such filing, and the lien shall remain in force until the final determination of such suit. Costs shall be divided according to the justice of the case.
C.R.S. § 38-13-1402 — CO Code / Title 38 / Article 13 / Part 14 / Section 38-13-1402
38-13-1402. Confidential information
Status: in_force

38-13-1402. Confidential information. (1) Except as otherwise provided in this article 13, the following are confidential and exempt from public inspection or disclosure:

(a) Records of the administrator and the administrator's agent related to the administration of this article 13;

(b) Reports and records of a holder in possession of the administrator or the administrator's agent; and

(c) Personal information and other information derived or otherwise obtained by or communicated to the administrator or the administrator's agent from an examination under this article 13 of the records of a person.

(2) A record or other information that is confidential under the law of this state other than this article 13, another state, or the United States continues to be confidential when disclosed or delivered under this article 13 to the administrator or administrator's agent.
C.R.S. § 38-33.3-107 — CO Code / Title 38 / Article 33.3 / Part 1 / Section 38-33.3-107
38-33.3-107. Eminent domain
Status: in_force

38-33.3-107. Eminent domain. (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 that unit and its allocated interests whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking. Any remnant of a unit remaining after part of a unit is taken under this subsection (1) is thereafter a common element.

(2) Except as provided in subsection (1) of this section, if part of a unit is acquired by eminent domain, the award must compensate the unit owner for the reduction in value of the unit and its interest in the common elements whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides:

(a) That unit's allocated interests are reduced in proportion to the reduction in the size of the unit or on any other basis specified in the declaration; and

(b) The portion of allocated interests divested from the partially acquired unit is automatically reallocated to that unit and to the remaining units in proportion to the respective interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests.

(3) If part of the common elements is acquired by eminent domain, that portion of any award attributable to the common elements taken must be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition. For the purposes of acquisition of a part of the common elements other than the limited common elements under this subsection (3), service of process on the association shall constitute sufficient notice to all unit owners, and service of process on each individual unit owner shall not be necessary.

(4) The court decree shall be recorded in every county in which any portion of the common interest community is located.

(5) The reallocations of allocated interests pursuant to this section shall be confirmed by an amendment to the declaration prepared, executed, and recorded by the association.
C.R.S. § 38-20-210 — CO Code / Title 38 / Article 20 / Part 2 / Section 38-20-210
38-20-210. Recording fees
Status: in_force

38-20-210. Recording fees. 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.
C.R.S. § 38-38-110 — CO Code / Title 38 / Article 38 / Part 1 / Section 38-38-110
38-38-110. Sales by officer - location - announcement - records - electronic devices - defi
Status: in_force

38-38-110. Sales by officer - location - announcement - records - electronic devices - definitions. (1) (a) (I) Notwithstanding the provisions of any deed of trust or other lien being foreclosed, the officer shall conduct the sale at any door or entrance to, or in any room in any building temporarily or permanently used as, a courthouse or at or within any building where the office of the county clerk and recorder or the office of the officer is located, which place shall be specifically designated in the combined notice; except that a sale may be conducted by means of the internet or other electronic medium. The county, the officer, and employees of the county or the officer, acting in their official capacities in preparing, conducting, and executing a sale under this article by means of the internet or another electronic medium, are not liable for the failure of a device that prevents a person from participating in a sale under this article.

(II) As used in this paragraph (a), "device" includes any computer hardware, computer network, computer software application, or website.

(b) The combined notice shall designate the actual place of sale or, if the sale is conducted by means of the internet or another electronic medium, the information prescribed by section 38-38-103 (4)(a)(VII).

(2) At a sale, the officer shall read only the public trustee's sale number for a sale by the public trustee or the court case number for a sale by the sheriff, the name of the original grantor, the street address or, if none, the legal description of the property, the name of the holder of the evidence of debt, the date of sale, the first and last publication dates of the combined notice, and, in accordance with section 38-38-106 (4), the amount of the bid and the name of the person that submitted the bid. In lieu of reading the information listed above, the officer may post the information at the location of the sale, provide a written copy of the information to all persons present at the sale, or post the information on the internet or other electronic medium if the sale is conducted by means of the internet or another electronic medium.

(3) Whenever a public trustee sells property described in a deed of trust, the public trustee shall enter in the records of the office of the public trustee the name of the person executing the deed of trust, the book and page or reception number of the recorded deed of trust, a brief description of the property therein described, the date of sale, the publisher of the combined notice, a list of the names and addresses of the persons to whom the combined notice was mailed, the name and last mailing address of the purchaser at the sale, and the amount at which the property was sold in separate parcels, if so sold, or en masse.
C.R.S. § 38-30.5-107 — CO Code / Title 38 / Article 30.5 / Section 38-30.5-107
38-30.5-107. Release - termination
Status: in_force

38-30.5-107. Release - termination. 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 joint request of both the owner of property encumbered by a conservation easement and the holder of the easement, terminate, release, extinguish, or abandon the conservation easement. If condemnation by a public authority of a part of a property or of the entire property encumbered by a conservation easement in gross renders it impossible to fulfill any of the conservation purposes outlined in the deed of conservation easement, the conservation easement may be terminated, released, subordinated, extinguished, or abandoned in whole or in part through condemnation proceedings. A conservation easement in gross for which a Colorado state income tax credit has been allowed may not in whole or in part be released, terminated, extinguished, or abandoned by merger with the underlying fee interest in the servient land or water rights. Any release, termination, or extinguishment of a conservation easement under this section must be recorded in the records of the office of the clerk and recorder in the county where the conservation easement is located.
C.R.S. § 38-12-1302 — CO Code / Title 38 / Article 12 / Part 13 / Section 38-12-1302
38-12-1302. Applicability
Status: in_force

38-12-1302. Applicability. (1) This part 13 applies to every residential premises in the state; except that this part 13 does not apply to:

(a) A short-term rental property;

(b) A dwelling unit or other portion of a residential premises if the owner or master tenant lives in and maintains the residential premises as the owner's or master tenant's primary residence or if the owner of the residential premises lives in a property that is adjacent to the residential premises and that the owner maintains as the owner's primary residence and the residential premises or the owner's adjacent property:

(I) Is:

(A) A single-family home with or without an accessory dwelling unit that is located on the same lot and attached, semi-attached, or unattached to the single-family home;

(B) A duplex; or

(C) A triplex; and

(II) Is not a multifamily property of four or more dwelling units;

(c) A mobile home space, as defined in section 38-12-201.5 (6.5), that is leased to a home owner, as defined in section 38-12-201.5 (2), or to other tenants occupying the mobile home space pursuant to a lease-to-own agreement, purchase option, or similar agreement;

(d) A residential premises that is leased to a tenant pursuant to an employer-provided housing agreement, as defined in section 13-40-104 (5)(a);

(e) A residential tenant who has not been a tenant of a residential premises for at least twelve months; or

(f) A residential tenant who is not known to the landlord to be a tenant of the residential premises.
C.R.S. § 38-37-111 — CO Code / Title 38 / Article 37 / Section 38-37-111
38-37-111. Public trustees authorized to cooperate and contract with one another and others
Status: in_force

38-37-111. Public trustees authorized to cooperate and contract with one another and others. One or more of the public trustees of the several counties of the state are hereby authorized and empowered to cooperate and contract with any other public trustee and with others for the purpose of providing any function, service, or facility, including legal services and representation, that are necessary and desirable to fulfill their lawful duties.
C.R.S. § 38-7.5-101 — CO Code / Title 38 / Article 7.5 / Section 38-7.5-101
38-7.5-101. Motion for vesting - contents
Status: in_force

38-7.5-101. Motion for vesting - contents. (1) (a) In any proceeding initiated by a county revitalization authority, as defined in section 30-31-103 (6), 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 proceeding, may file a written verified motion requesting that, immediately or at some specified later date, the petitioner be vested with fee simple title, or some lesser estate, interest, or easement, as may be required, to the real property, or a specified portion thereof, which is the subject of the proceeding, and be authorized to take possession of and use such property.

(b) Any motion filed by any respondent affects, and is limited in application to, the property in which the respondent has an interest.

(c) All the owners of record of property shall join in any motion filed by any respondent under this section, unless one or more of the owners of record cannot by due diligence be found, in which instance this fact must be stated in the motion.

(2) The motion described in subsection (1) of this section, referred to in this article 7.5 as the "motion for vesting", must set forth:

(a) An accurate description of the property to which the motion relates and the estate or interest sought to be acquired or divested; but, in any motion for vesting filed by any respondent, the interest sought to be divested must be the interest described in the petition in eminent domain;

(b) The names of the owners of record of the property described in the motion for vesting; and

(c) The date upon which it is requested that the estate or interest sought to be acquired or divested vest in the petitioner and the date upon which it is requested that the petitioner be entitled to possession and use of the subject property.
C.R.S. § 38-30-134 — CO Code / Title 38 / Article 30 / Section 38-30-134
38-30-134. Fees of commissioners
Status: in_force

38-30-134. Fees of commissioners. Commissioners, for like services, shall be allowed the same fees as are allowed by law to notaries public of this state.
C.R.S. § 38-12-903 — CO Code / Title 38 / Article 12 / Part 9 / Section 38-12-903
38-12-903. Rental application fee - limitations
Status: in_force

38-12-903. Rental application fee - limitations. (1) A landlord shall not charge a prospective tenant a rental application fee unless the landlord uses the entire amount of the fee to cover the landlord's costs in processing the rental application. The landlord's costs may be based on:

(a) The actual expense the landlord incurs in processing the rental application; or

(b) The average expense the landlord incurs per prospective tenant in the course of processing multiple rental applications.

(2) A landlord shall not charge a prospective tenant a rental application fee:

(a) That is in a different amount than a rental application fee charged to another prospective tenant who applies to rent:

(I) The same dwelling unit; or

(II) If the landlord offers more than one dwelling unit for rent at the same time, any other dwelling unit offered by the landlord; or

(b) If the prospective tenant provides to the landlord a portable tenant screening report pursuant to section 38-12-904 (1.5).

(3) (a) A landlord shall provide to any prospective tenant who has paid a rental application fee either a disclosure of the landlord's anticipated expenses for which the fee will be used or an itemization of the landlord's actual expenses incurred. If a landlord charges an amount based on the average cost of processing the rental application, the landlord shall include information regarding how that average rental application fee is determined.

(b) A landlord shall provide every prospective tenant with a receipt for any application fee received. The landlord may provide a prospective tenant an electronic receipt unless the prospective tenant requests a paper receipt, in which case the landlord shall provide the prospective tenant a paper receipt.

(4) A landlord who receives a rental application fee from a prospective tenant and does not use the entire amount of the fee to cover the landlord's costs in processing the rental application shall remit to the prospective tenant the remaining amount of the fee. The landlord shall make a good-faith effort to remit such amount within twenty calendar days after processing the application.
C.R.S. § 38-45-106 — CO Code / Title 38 / Article 45 / Section 38-45-106
38-45-106. Limitation of liability
Status: in_force

38-45-106. Limitation of liability. (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 property owner, authorized agent, person in possession of real property, or installer installs a carbon monoxide alarm in accordance with the manufacturer's published instructions and the provisions of this article.

(2) A purchaser shall have no claim for relief against any person licensed pursuant to article 10 of title 12 for any damages resulting from the operation, maintenance, or effectiveness of a carbon monoxide alarm if such licensed person complies with rules promulgated pursuant to sections 38-45-102 (1)(b) and 38-45-103 (1)(b). Nothing in this subsection (2) shall affect any remedy that a purchaser may otherwise have against a seller.
C.R.S. § 38-40-106 — CO Code / Title 38 / Article 40 / Section 38-40-106
38-40-106. Mortgage servicers - requirements concerning disbursement of insurance proceeds
Status: in_force

38-40-106. Mortgage servicers - requirements concerning disbursement of insurance proceeds - disclosure of mortgage interest rate - retention of communications - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Borrower" has the meaning set forth in section 38-38-100.3 (2.5).

(b) "Mortgage servicer" means:

(I) A mortgage servicer, as defined in section 5-21-103 (4);

(II) A mortgage servicer, as defined in section 38-38-100.3 (23.3); or

(III) An agent of a mortgage servicer.

(c) "Rebuild plan" means a written plan to rebuild a residential property that has been destroyed.

(d) "Repair plan" means a written plan to repair a residential property that has been damaged.

(e) "Residential property" means a residential property that is the subject of a mortgage.

(2) (a) Upon the request of a borrower, a mortgage servicer shall promptly disclose to the borrower the specific conditions under which the mortgage servicer will disburse insurance proceeds to the borrower in the event that a residential property that is the subject of a mortgage is damaged or destroyed and an insurance company pays insurance proceeds to satisfy a claim associated with such damage or destruction. A mortgage servicer may provide the information electronically.

(b) In the event that a residential property is damaged or destroyed, a borrower, after consulting with the borrower's contractor, shall create a repair plan or rebuild plan for the residential property. The borrower shall submit the repair plan or rebuild plan to the mortgage servicer for approval. The mortgage servicer shall indicate approval or denial of the plan within thirty days of receipt. The repair plan or rebuild plan must include specific milestones that require the mortgage servicer to disburse insurance proceeds in certain amounts upon reaching the specified milestones, as described in subsections (2)(c)(I)(B) and (2)(d)(II) of this section. If a mortgage servicer employs inspectors for the purpose of determining when such milestones are attained, the mortgage servicer shall notify the borrower of the specific criteria that the inspectors use to make such determinations.

(c) (I) If a borrower is not delinquent in making payments on the mortgage or the borrower is less than thirty-one days delinquent in making payments on the mortgage, a mortgage servicer shall disburse the insurance proceeds to the borrower as follows:

(A) If the amount of the insurance proceeds is less than or equal to forty thousand dollars, the mortgage servicer shall disburse the entire amount to the borrower in one payment; and

(B) If the amount of the insurance proceeds is more than forty thousand dollars, the mortgage servicer shall initially disburse to the borrower an amount that is forty thousand dollars or thirty-three percent of the total proceeds, whichever amount is greater. Thereafter, the mortgage servicer shall disburse the remaining proceeds based on periodic inspections and progress on the work in accordance with the milestones in the repair plan or rebuild plan described in subsection (2)(b) of this section and, where required by federal law or regulation, after approval by the federal home loan banks or applicable federal agency.

(II) For the purposes of this subsection (2)(c), if a borrower has made advance payments to a contractor or to purchase materials, as evidenced by paid receipts, the mortgage servicer may reimburse the borrower for such payments.

(d) If a borrower is more than thirty-one days delinquent in making payments on the mortgage, a mortgage servicer shall disburse the insurance proceeds to the borrower as follows:

(I) If the amount of the insurance proceeds is less than or equal to five thousand dollars, the mortgage servicer shall disburse the entire amount to the borrower in one payment; and

(II) If the amount of the insurance proceeds is more than five thousand dollars, the mortgage servicer shall initially disburse to the borrower an amount that is twenty-five percent of the total proceeds; except that the amount of this initial disbursement may not exceed ten thousand dollars or the amount by which the total proceeds exceed the sum of the unpaid balance on the mortgage, any interest accrued on the mortgage, and any advances made on the mortgage. Thereafter, the mortgage servicer shall disburse the remaining proceeds in amounts not to exceed twenty-five percent of the remaining proceeds, in accordance with the milestones established in the repair plan or the rebuild plan pursuant to subsection (2)(b) of this section; except that the mortgage servicer shall not disburse any remaining proceeds until the mortgage servicer or the mortgage servicer's agent has inspected the repairs, if any, that have been made pursuant to a repair plan established pursuant to subsection (2)(b) of this section.

(e) For the purposes of disbursement of insurance proceeds as described in subsections (2)(c) and (2)(d) of this section:

(I) A mortgage servicer shall make the first disbursement of insurance proceeds to the borrower:

(A) Within fourteen days after the mortgage servicer receives the insurance proceeds if the mortgage is insured by the federal government or securitized by the federal national mortgage association or the federal home loan mortgage corporation; and

(B) As soon as reasonably possible and no later than thirty days after the mortgage servicer receives the insurance proceeds if the mortgage is not insured by the federal government or securitized by the federal national mortgage association or the federal home loan mortgage corporation; and

(II) A mortgage servicer may disburse funds directly to a designee of a borrower so long as:

(A) The designee is agreed to by both the borrower and the mortgage servicer; and

(B) The designation is permitted by federal and state law and any associated rules.

(f) Notwithstanding any other provision of this section, a mortgage servicer shall promptly disburse to a borrower any amount of insurance proceeds in excess of the remaining amount that the borrower owes on the mortgage unless:

(I) The property is an affordable residential rental property that is subject to rent or income restrictions as required by federal, state, local, or political subdivision program requirements; and

(II) The insurance proceeds in excess of the remaining amount that the borrower owes on the mortgage are necessary to return the property to the same condition in which the property existed prior to the damage or destruction.

(g) A mortgage servicer shall hold in an interest-bearing account any insurance proceeds that the mortgage servicer does not immediately disburse to a borrower as required by this section. Such an account must generate interest at a rate that is not less than the national rate for money market accounts, as determined according to 12 CFR 337.7. A mortgage servicer shall ensure that any interest that is credited to the account is credited and disbursed to the borrower.

(3) Immediately upon commencing the servicing of a mortgage, and at any time thereafter at the request of the borrower, a mortgage servicer shall:

(a) Disclose to the borrower the interest rate associated with the mortgage; and

(b) Provide the borrower, in writing, with a primary point of contact for the purpose of communicating with the mortgage servicer.

(4) A mortgage servicer shall retain for at least four years all written and electronic communications between the mortgage servicer and a borrower.

(5) Nothing in this section:

(a) Prohibits a mortgage servicer from releasing insurance proceeds in amounts greater than required by this section;

(b) Prohibits or limits a mortgage servicer from distributing additional money that is made available during a declared state of emergency or natural disaster; or

(c) Prohibits a mortgage servicer from complying with federal rules, regulations, and requirements.
C.R.S. § 38-30-108.5 — CO Code / Title 38 / Article 30 / Section 38-30-108.5
38-30-108.5. Conveyances to trusts - ownership and transfer of property
Status: in_force

38-30-108.5. Conveyances to trusts - ownership and transfer of property. (1) A trust may acquire, convey, encumber, lease, or otherwise deal with any interest in real or personal property in the name of the trust.

(2) In order to evidence the existence of a trust and the authority of one or more trustees to act on behalf of the trust with respect to an interest in real property held in the name of the trust, any trustee of the trust may execute and record with the county clerk and recorder of the county in which the real property is located, a statement of authority pursuant to section 38-30-172 (2).

(3) The provisions of subsection (1) of this section shall also apply to any interest in real or personal property that is already in the name of the trust as of August 8, 2001. Nothing in this section shall be construed to be the exclusive manner in which title to an interest in real or personal property may be held by or on behalf of a trust, and title to an interest in real or personal property may be held by or on behalf of a trust in any other manner permitted by law.
C.R.S. § 38-43-109 — CO Code / Title 38 / Article 43 / Section 38-43-109
38-43-109. Remedies herein provided cumulative, contracts and options
Status: in_force

38-43-109. Remedies herein provided cumulative, contracts and options. The rights, powers, authorities, and remedies provided for in this article shall be cumulative and in addition to other existing rights, powers, authorities, and remedies. Any executor, trustee, or other fiduciary or attorney-in-fact having express or implied powers to execute leases for the production of oil, gas, or other minerals may freely do so under the provisions of the instrument appointing them without the necessity of proceeding as provided in this article. The powers of trustees appointed under this article to execute leases includes the power, under proper order of court, to enter into, execute, and deliver valid contracts and option agreements relating to the future execution or delivery of such leases and contracts granting exclusive rights to enter such lands to make geophysical and geological surveys, explorations, and tests including core drilling.
C.R.S. § 38-25-101.5 — CO Code / Title 38 / Article 25 / Section 38-25-101.5
38-25-101.5. Scope
Status: in_force

38-25-101.5. Scope. This article applies only to federal tax liens and to other federal liens notices of which under any act of congress or any regulation adopted pursuant thereto are required or permitted to be filed in the same manner as notices of federal tax liens.
C.R.S. § 38-5-103 — CO Code / Title 38 / Article 5 / Section 38-5-103
38-5-103. Power of companies to contract
Status: in_force

38-5-103. Power of companies to contract. (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 light wire power or pipeline is proposed to be laid or created for the right-of-way for the construction, maintenance, and operation of its electric light wires, pipes, poles, regulator stations, substations, or other property and for the erection, maintenance, occupation, and operation of offices at suitable distances for the public accommodation.

(2) An electric utility, as defined in section 40-15-601 (6), exercising its rights under subsection (1) of this section may, in accordance with part 6 of article 15 of title 40, install or allow the installation of any attached facility for commercial broadband service, as those terms are defined in section 40-15-601 (1) and (3), respectively.
C.R.S. § 38-22-106 — CO Code / Title 38 / Article 22 / Section 38-22-106
38-22-106. Priority of lien - attachments
Status: in_force

38-22-106. Priority of lien - attachments. (1) All liens established by virtue of this article shall relate back to the time of the commencement of work under the contract between the owner and the first contractor, or, if said contract is not in writing, then such liens shall relate back to and take effect as of the time of the commencement of the work upon the structure or improvement, and shall have priority over any lien or encumbrance subsequently intervening, or which may have been created prior thereto but which was not then recorded and of which the lienor, under this article, did not have actual notice. Nothing contained in this section, however, shall be construed as impairing any valid encumbrance upon any such land duly made and recorded prior to the signing of such contract or the commencement of work upon such improvements or structure.

(2) No attachment, garnishment, or levy under an execution upon any money due or to become due to a contractor from the owner or reputed owner of any such property subject to any such lien shall be valid as against such lien of a subcontractor or materialmen, and no such attachment, garnishment, or levy upon any money due to a subcontractor or materialmen of the second class, as provided in section 38-22-108 (1)(b), from the contractor shall be valid as against any lien of a laborer employed by the day or piece, who does not furnish any material as classified in this article.
C.R.S. § 38-12-1106 — CO Code / Title 38 / Article 12 / Part 11 / Section 38-12-1106
38-12-1106. Registration of mobile home parks - process - fees
Status: in_force

38-12-1106. Registration of mobile home parks - process - fees. (1) The division shall register all mobile home parks on an individual basis and renew this registration annually.

(2) The division shall send registration notifications and information packets to all known landlords of unregistered mobile home parks. These information packets must include:

(a) Registration forms that satisfy all of the requirements of subsection (7) of this section;

(b) Information about the different methods of registration;

(c) Information about the single, statewide toll-free telephone number described in subsection (11) of this section;

(d) Registration assessment information, including registration due dates and late fees, and the collections procedures, liens, and charging costs to home owners or residents; and

(e) A description of the protections afforded home owners and residents under section 38-12-1105 (13).

(3) The division shall annually send registration renewal notifications and information packets to all registered mobile home parks.

(4) A landlord must file for registration or registration renewal by submitting to the division, either through the division's website, by mail, or in person, a registration or registration renewal form provided by the division and pay a registration fee as described in subsection (8) of this section.

(5) A landlord must notify the division within thirty days of a change in the ownership of the landlord's mobile home park so that the division may update the mobile home park's registration information.

(6) The division shall make available on the division's website electronic forms to register a mobile home park. These forms must be available in both English and Spanish and satisfy all of the requirements of subsection (7) of this section.

(7) The registration forms provided by the division must require information necessary to assist the division in identifying and locating a mobile home park and other information that may be useful to the state. A registration is not complete unless the landlord includes all of the information required by the forms provided by the division. The forms must require, at a minimum:

(a) The name and address of the landlord;

(a.5) (I) The name and mailing address of the legal owner of the mobile home park as recorded in the property records of the county assessor for the property and a copy of the property record, property report, or similar supporting documentation from the county assessor's website.

(II) If the legal owner of the mobile home park listed pursuant to subsection (7)(a.5)(I) of this section is a domestic limited liability company, the landlord shall include the domestic entity name of the limited liability company and the principal office mailing address on file with the secretary of state, a copy of the certificate of good standing for the limited liability company, and the name of any entity that exercises financial or management control of the limited liability company.

(III) If the legal owner of the mobile home park listed pursuant to subsection (7)(a.5)(I) of this section is a foreign limited liability company, the landlord shall include the entity's true name and assumed entity name, if any, and the principal office mailing address of its principal office as shown on the statement of foreign entity authority filed with the secretary of state, a copy of the certificate of good standing for the foreign limited liability company, and the name of any entity that exercises financial or management control of the limited liability company.

(b) The name and address of the mobile home park;

(c) The number of lots within the mobile home park;

(d) The number of mobile homes within the mobile home park;

(e) The physical address of each mobile home within the mobile home park and the mailing address of the home owner, if the landlord has a different mailing address on file for the home owner;

(f) The date and amount of the most recent rent increase for each mobile home lot and each mobile home in the park;

(g) A description of the mobile home park's water source, including the type of water source; and

(h) The method for charging residents for water and sewer, whether water and sewer charges are included in rent, submetered, or collected by other collection means.

(8) The division shall establish by rule a fee that each landlord shall pay to the division as an annual registration fee for each mobile home independently owned on rented land within the landlord's mobile home park. On and after July 1, 2024, the division may adjust the fee to cover the costs associated with complaints filed pursuant to section 38-12-1103 (2)(b), and may by rule authorize landlords to charge a resident, as defined in section 38-12-201.5 (11), a portion of the fee. A landlord must not charge a home owner or resident more than half of the fee. The registration fee for each mobile home must be deposited into the fund. The division shall review the annual registration fee and, if necessary, adjust the annual registration fee through rule-making to ensure it continues to reasonably relate to the cost of administering the program.

(9) Initial registrations of mobile home parks must be filed before February 1, 2020, and after that date within three months of the availability of mobile home lots for rent within a new park. A landlord who was sent an initial registration form and who missed the deadline for registration is subject to a delinquency fee of up to five thousand dollars. Landlords who receive registration renewal notifications and do not renew their registration by the expiration date as assigned by the division are also subject to a delinquency fee of up to five thousand dollars.

(10) Registration is effective on the date determined by the division, and the division must issue a registration number to each registered mobile home park. The division must provide an expiration date, assigned by the division, to each registered mobile home park.

(11) The division shall establish a system, including but not limited to a single, statewide toll-free telephone number, for responding directly to inquiries about the registration process.
C.R.S. § 38-36-190 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-190
38-36-190. Action must be brought within six years - exception
Status: in_force

38-36-190. Action must be brought within six years - exception. No action or proceeding for compensation for or by reason of any deprivation, loss, or damage occasioned or sustained as provided in this article shall be made, brought, or taken except within the period of six years from the time when the right to bring or take such action or proceeding first accrued. If at the time when such right of action first accrued the person entitled to bring such action or take such proceeding is under the age of eighteen years, insane, imprisoned, or absent from the United States in the service of the United States or of this state, then such person, or anyone claiming from, by, or under him, may bring the action or take the proceeding at any time within two years after such disability is removed, notwithstanding the time before limited in that behalf has expired.
C.R.S. § 38-44-111 — CO Code / Title 38 / Article 44 / Section 38-44-111
38-44-111. Costs
Status: in_force

38-44-111. Costs. The costs in the proceedings shall be taxed as the court thinks just and shall be a lien on the land or interest therein owned by the party or parties against whom they are taxed insofar as such lands are involved in the proceedings.
C.R.S. § 38-12-1304 — CO Code / Title 38 / Article 12 / Part 13 / Section 38-12-1304
38-12-1304. Violations - remedies
Status: in_force

38-12-1304. Violations - remedies. If a landlord proceeds with an eviction of a tenant of a residential premises in violation of this part 13, and the tenant loses possession of the dwelling unit without a court order, the tenant may seek relief as described in section 38-12-510.
C.R.S. § 38-36-166 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-166
38-36-166. Registration of leases
Status: in_force

38-36-166. Registration of leases. Leases for registered land for a term of three years or more shall be registered in like manner as a mortgage, and the provisions of section 38-36-160 relating to the registration of mortgages shall also apply to the registration of leases. The registrar shall, at the request of the lessee, make out and deliver to him a duplicate of the certificate of title like the owner's duplicate, except the words "lessee's duplicate" shall be written or printed upon it in large letters diagonally across its face.
C.R.S. § 38-53-101 — CO Code / Title 38 / Article 53 / Section 38-53-101
38-53-101. Legislative declaration
Status: in_force

38-53-101. Legislative declaration. 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.
C.R.S. § 38-35-106 — CO Code / Title 38 / Article 35 / Part 1 / Section 38-35-106
38-35-106. Deeds - acknowledgment, absent or defective - notice - deemed proper, when
Status: in_force

38-35-106. Deeds - acknowledgment, absent or defective - notice - deemed proper, when. (1) Any written instrument required or permitted to be acknowledged affecting title to real property, whether acknowledged, unacknowledged, or defectively acknowledged, after being recorded in the office of the county clerk and recorder of the county where the real property is situate, shall be notice to all persons or classes of persons claiming any interest in said property.

(2) Any unacknowledged or defectively acknowledged instrument which has remained of record for a period of ten years in such office shall be deemed to have been properly acknowledged. This section shall apply to all recorded instruments.

(3) A document required or permitted to be acknowledged affecting title to real property that is signed in a person's official capacity by a public trustee, county treasurer, county sheriff, or a deputy of such an official acting for that official that contains the seal of such an official shall be deemed to have been properly acknowledged.
C.R.S. § 38-30-107.5 — CO Code / Title 38 / Article 30 / Section 38-30-107.5
38-30-107.5. Royalty interests - minerals or geothermal resources
Status: in_force

38-30-107.5. Royalty interests - minerals or geothermal resources. (1) Any conveyance, reservation, or devise of a royalty interest in minerals or geothermal resources, whether of a perpetual or limited duration, contained in any instrument executed on or after July 1, 1991, creates a real property interest which vests in the holder or holders of such interest the right to receive the designated royalty share of the specified minerals or geothermal resources or the proceeds therefrom in accordance with the terms of the instrument. Unless otherwise provided in the conveyance, reservation, or devise, the holder of such interest shall not have the right to:

(a) Explore for or develop the minerals or geothermal resources;

(b) Grant a mineral development lease; or

(c) Receive any share of rentals, bonus payments, surface damage payments, or similar sums that might be payable under the terms of any mineral development lease.
C.R.S. § 38-41-116 — CO Code / Title 38 / Article 41 / Part 1 / Section 38-41-116
38-41-116. Actions to enforce contracts of sale
Status: in_force

38-41-116. Actions to enforce contracts of sale. No action or proceeding whatsoever shall be brought or maintained by any person to enforce or procure any right or title accorded to the purchaser under any contract for the purchase and sale of real property if such person is not in possession of the real property described in and the subject of such contract of purchase and sale unless such action or proceeding is commenced within ten years of the day or the happening of the event appointed in said contract for the delivery by the seller of a deed of conveyance of the property therein agreed to be purchased and sold. If no day is appointed in such contract for the delivery of such conveyance, then such action or proceeding shall be commenced within ten years of the day on which the last and final installment of the purchase price would have been paid but not thereafter.
C.R.S. § 38-33.3-209.4 — CO Code / Title 38 / Article 33.3 / Part 2 / Section 38-33.3-209.4
38-33.3-209.4. Public disclosures required - identity of association - agent - manager - contac
Status: in_force

38-33.3-209.4. Public disclosures required - identity of association - agent - manager - contact information. (1) Within ninety days after assuming control from the declarant pursuant to section 38-33.3-303 (5), the association shall make the following information available to unit owners upon reasonable notice in accordance with subsection (3) of this section. In addition, if the association's address, designated agent, or management company changes, the association shall make updated information available within ninety days after the change:

(a) The name of the association;

(b) The name of the association's designated agent or management company, if any;

(c) A valid physical address and telephone number for both the association and the designated agent or management company, if any;

(d) The name of the common interest community;

(e) The initial date of recording of the declaration; and

(f) The reception number or book and page for the main document that constitutes the declaration.

(2) Within ninety days after assuming control from the declarant pursuant to section 38-33.3-303 (5), and within ninety days after the end of each fiscal year thereafter, the association shall make the following information available to unit owners upon reasonable notice in accordance with subsection (3) of this section:

(a) The date on which its fiscal year commences;

(b) Its operating budget for the current fiscal year;

(c) A list, by unit type, of the association's current assessments, including both regular and special assessments;

(d) Its annual financial statements, including any amounts held in reserve for the fiscal year immediately preceding the current annual disclosure;

(e) The results of its most recent available financial audit or review;

(f) A list of all association insurance policies, including, but not limited to, property, general liability, association director and officer professional liability, and fidelity policies. Such list shall include the company names, policy limits, policy deductibles, additional named insureds, and expiration dates of the policies listed.

(g) All the association's bylaws, articles, and rules and regulations;

(h) The minutes of the executive board and member meetings for the fiscal year immediately preceding the current annual disclosure; and

(i) The association's responsible governance policies adopted under section 38-33.3-209.5.

(3) It is the intent of this section to allow the association the widest possible latitude in methods and means of disclosure, while requiring that the information be readily available at no cost to unit owners at their convenience. Disclosure shall be accomplished by one of the following means: Posting on an internet web page with accompanying notice of the web address via first-class mail or e-mail; the maintenance of a literature table or binder at the association's principal place of business; or mail or personal delivery. The cost of such distribution shall be accounted for as a common expense liability.

(4) Notwithstanding section 38-33.3-117 (1.5)(c), this section shall not apply to a unit, or the owner thereof, if the unit is a time-share unit, as defined in section 38-33-110 (7).
C.R.S. § 38-38-601 — CO Code / Title 38 / Article 38 / Part 6 / Section 38-38-601
38-38-601. Receiver appointed upon application
Status: in_force

38-38-601. Receiver appointed upon application. (1) When an action or proceeding has been commenced to foreclose a mortgage, trust deed, or other instrument securing an indebtedness, a receiver of the property affected shall be appointed upon application at any time prior to the sale, if it appears that the security is clearly inadequate or that the premises are in danger of being materially injured or reduced in value as security by removal, destruction, deterioration, accumulation of prior liens, or otherwise so as to render the security inadequate.

(2) If the facts would justify the appointment of a receiver under this section but one is not applied for and if the premises are abandoned by the owner thereof, the holder of the lien may take possession until the sale and shall be subject to the same duties and liabilities for the care of the premises and for the application of the rents and profits as would a receiver.
C.R.S. § 38-6-214 — CO Code / Title 38 / Article 6 / Part 2 / Section 38-6-214
38-6-214. Decree - copy to municipality - payments - collection of assessments
Status: in_force

38-6-214. Decree - copy to municipality - payments - collection of assessments. After the trial hearings and determination of all objections to said report, the court shall make its judgment and decree. The decree shall describe the property so condemned and state the owner thereof and shall describe the property against which special assessments have been made and the amounts thereof. When said judgment and decree have been made by the court, the clerk of said court shall make a certified copy thereof and after thirty days deliver the same to the municipality. Unless other provision is made in the charter of the municipality for the payment of said awards, the legislative body, within ninety days after the date of said decree, shall make the necessary appropriation for the payment of the compensation for the property condemned. The proper officers of the municipality shall compensate the respective parties entitled thereto. The municipality shall also provide for the collection of such special assessments as have been confirmed by the final decree of the court.
C.R.S. § 38-40-101 — CO Code / Title 38 / Article 40 / Section 38-40-101
38-40-101. Mortgage broker fees - escrow accounts - unlawful act - penalty
Status: in_force

38-40-101. Mortgage broker fees - escrow accounts - unlawful act - penalty. (1) Any funds, other than advanced for actual costs and expenses to be incurred by the mortgage broker on behalf of the applicant for a loan, paid to a mortgage broker as a fee conditioned upon the consummation of a loan secured or to be secured by a mortgage or other transfer of or encumbrance on real estate shall be held in an escrow or a trustee account with a bank or recognized depository in this state. Such account may be any type of checking, demand, passbook, or statement account insured by an agency of the United States government.

(2) It is unlawful for a mortgage broker to misappropriate funds held in escrow or a trustee account pursuant to subsection (1) of this section.

(3) The withdrawal, transfer, or other use or conversion of any funds held in escrow or a trustee account pursuant to subsection (1) of this section prior to the time a loan secured or to be secured by mortgage or other transfer of or encumbrance on real estate is consummated shall be prima facie evidence of intent to violate subsection (2) of this section.

(4) Any mortgage broker violating any of the provisions of subsection (2) of this section commits theft as defined in section 18-4-401, C.R.S.

(5) Any mortgage broker violating any of the provisions of subsection (1) or (2) of this section shall be liable to the person from whom any funds were received for the sum of one thousand dollars plus actual damages caused thereby, together with costs and reasonable attorney fees. No lender shall be liable for any act or omission of a mortgage broker under this section.

(6) As used in this section, unless the context otherwise requires, "mortgage broker" means a person, firm, partnership, association, or corporation, other than a bank, trust company, savings and loan association, credit union, supervised lender as defined in section 5-1-301 (46), C.R.S., insurance company, federal housing administration approved mortgagee, land mortgagee, or farm loan association or duly appointed loan correspondents, acting through officers, partners, or regular salaried employees for any such entity, that engages in negotiating or offering or attempting to negotiate for a borrower, and for commission, money, or other thing of value, a loan to be consummated and funded by someone other than the one acting for the borrower.
C.R.S. § 38-33-109 — CO Code / Title 38 / Article 33 / Section 38-33-109
38-33-109. Unit owners' liability
Status: in_force

38-33-109. Unit owners' liability. In any suit or arbitration against a condominium unit owners' association wherein damages are awarded or settlement is made, the individual unit owner's liability in his capacity as a percentage owner of the general or limited common elements or as a member of the condominium association shall not exceed the amount of damages or settlement multiplied by his percentage ownership in the general or limited common elements, as the case may be. In the case of incorporation by unit owners, their liability as stockholders shall be determined as any other corporate stockholder.
C.R.S. § 38-33.3-111 — CO Code / Title 38 / Article 33.3 / Part 1 / Section 38-33.3-111
38-33.3-111. Severability
Status: in_force

38-33.3-111. Severability. 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, the provisions of this article are severable.
C.R.S. § 38-38-702 — CO Code / Title 38 / Article 38 / Part 7 / Section 38-38-702
38-38-702. Limitation of officer's liability
Status: in_force

38-38-702. Limitation of officer's liability. (1) An officer shall not have responsibility or liability for determining:

(a) The amount or reasonableness of a bid at a sale under section 38-38-106, the amount required to cure under section 38-38-104, or the amount required to redeem under section 38-38-302;

(b) The accuracy of the legal description of property in a full or partial release of a deed of trust;

(c) The accuracy or completeness of a mailing list submitted to the officer; or

(d) The legal sufficiency of the description of the property contained in the notice of election and demand.

(2) Nothing in this article shall lessen or otherwise modify the immunities and protections extended by law to an officer or to a governmental entity with which an officer is associated.

(3) An officer shall not have responsibility or liability for unknown damage, debt, or liens when a third party seeks a judicial foreclosure and sale.
C.R.S. § 38-41-113 — CO Code / Title 38 / Article 41 / Part 1 / Section 38-41-113
38-41-113. Limitations may be asserted affirmatively or by way of defense
Status: in_force

38-41-113. Limitations may be asserted affirmatively or by way of defense. The limitations provided for in this part 1 may be asserted either affirmatively or by way of defense and may be used in any action as a source of or as a means to establish title or the right of possession or as an aid or explanation of title. Actions may be maintained affirmatively to establish such limitations provided for in this part 1.
C.R.S. § 38-13-213 — CO Code / Title 38 / Article 13 / Part 2 / Section 38-13-213
38-13-213. Refunds held by business associations
Status: in_force

38-13-213. Refunds held by business associations. Except to the extent otherwise ordered by a court or administrative agency, any sum that a business association has been ordered to refund by a court or administrative agency that remains unclaimed by the owner for more than one year after it became payable in accordance with the final determination or order providing for the refund, whether or not the final determination or order requires any person entitled to a refund to make a claim for it, is presumed abandoned.
C.R.S. § 38-36-161 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-161
38-36-161. Assignment, cancellation, and release of mortgage
Status: in_force

38-36-161. Assignment, cancellation, and release of mortgage. Whenever a mortgage upon which a mortgagee's duplicate has been issued is assigned, extended, or otherwise dealt with, the mortgagee's duplicate shall be presented with the instrument assigning, extending, or otherwise dealing with the mortgage, and a memorial of the instrument shall be made upon the mortgagee's duplicate and upon the original certificate of title. When the mortgage is discharged or otherwise extinguished, the mortgagee's duplicate shall be surrendered and stamped "canceled". In case only a part of the charge or of the land is intended to be released, discharged, or surrendered, the entry shall be made by a memorial accordingly in like manner as before provided for a release or discharge. The production of the mortgagee's duplicate certificate shall be conclusive authority to register the instrument therewith presented. A mortgage on registered land may be discharged in whole or in part by the mortgagee in person on the register of titles in the same manner as a mortgage on unregistered land may be discharged by an entry on the margin of the record thereof in the county clerk and recorder's office, and such discharge shall be attested by the registrar of titles.
C.R.S. § 38-13-1007 — CO Code / Title 38 / Article 13 / Part 10 / Section 38-13-1007
38-13-1007. Report to person whose records were examined
Status: in_force

38-13-1007. Report to person whose records were examined. (1) At the conclusion of an examination under section 38-13-1002, the administrator shall provide to the person whose records were examined a complete and unredacted examination report that specifies:

(a) The work performed;

(b) The property types reviewed;

(c) The methodology of any estimation technique, extrapolation, or statistical sampling used in conducting the examination;

(d) Each calculation showing the value of property determined to be due; and

(e) The findings of the person conducting the examination.
C.R.S. § 38-2-105 — CO Code / Title 38 / Article 2 / Section 38-2-105
38-2-105. Higher education governing boards have right of eminent domain
Status: in_force

38-2-105. Higher education governing boards have right of eminent domain. The regents of the university of Colorado, the board of governors of the Colorado state university system for Colorado state university and Colorado state university - Pueblo, the board of trustees for Fort Lewis college, the board of trustees of the Colorado school of mines, the board of trustees for the university of northern Colorado, the board of trustees for Adams state university, the board of trustees for Colorado Mesa university, the board of trustees for Western Colorado university, and the board of trustees for Metropolitan state university of Denver have the power to acquire real property, which they may deem necessary, by the exercise of eminent domain through condemnation proceedings in accordance with law.
C.R.S. § 38-36-182 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-182
38-36-182. Court may refer application to examiner of titles
Status: in_force

38-36-182. Court may refer application to examiner of titles. In all cases where, under the provisions of this article, application is made to the court for any order or decree, the court may refer the matter to one of the examiners of title for hearing and report, in like manner as is provided in section 38-36-118 for the reference of the application for registration.
C.R.S. § 38-41-102 — CO Code / Title 38 / Article 41 / Part 1 / Section 38-41-102
38-41-102. How computed
Status: in_force

38-41-102. How computed. If such right or title first accrued to an ancestor, predecessor, or grantor of the person who brings the action or to any person from, by, or under whom he claims, the eighteen years shall be computed from the time when the right or title so accrued.
C.R.S. § 38-12-1001 — CO Code / Title 38 / Article 12 / Part 10 / Section 38-12-1001
38-12-1001. Definitions
Status: in_force

38-12-1001. Definitions. As used in this part 10, unless the context otherwise requires:

(1) "Bed bug" means the common bed bug, or cimex lectularius.

(2) "Bed bug detection team" means a scent detection canine team that holds a current, independent, third-party certification in accordance with the guidelines for minimum standards for canine bed bug detection team certification established by the National Pest Management Association or its successor organization.

(3) "Certified operator" has the meaning set forth in section 35-10-103 (1).

(4) "Commercial applicator" has the meaning set forth in section 35-10-103 (2).

(5) "Contiguous dwelling unit" means a dwelling unit that is contiguous with another dwelling unit, both of which units are owned, managed, leased, or subleased by the same landlord.

(6) "Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by a tenant.

(7) "Electronic notice" means notice by e-mail or an electronic portal or management communications system that is available to both a landlord and a tenant.

(8) "Landlord" means the owner, manager, lessor, or sublessor of a residential premises.

(9) "Pest control agent" means a certified operator, commercial applicator, qualified supervisor, or technician.

(10) "Qualified inspector" means a bed bug detection team, local health department official, certified operator, commercial applicator, qualified supervisor, or technician who is retained by a landlord to conduct an inspection for bed bugs.

(11) "Qualified supervisor" has the meaning set forth in section 35-10-103 (13).

(12) "Technician" has the meaning set forth in section 35-10-103 (15).

(13) "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.
C.R.S. § 38-30-128 — CO Code / Title 38 / Article 30 / Section 38-30-128
38-30-128. Prima facie validity of prior foreign acknowledgments
Status: in_force

38-30-128. Prima facie validity of prior foreign acknowledgments. All deeds and other instruments in writing relating to real estate in this state which have been executed prior to April 23, 1909, purporting to have been acknowledged or proved out of this state before any judge, or clerk, or deputy clerk of any court of record of any foreign kingdom, empire, republic, state, principality, province, colony, island possession, or bailiwick certifying the acknowledgment under the seal of such court, or purporting to have been acknowledged or proved before the chief magistrate or other chief executive or chief officer of any province, colony, island possession, or bailiwick of such foreign kingdom, empire, republic, state, or principality, such chief magistrate or other chief officer of any such colony, island possession, or bailiwick certifying the same under the seal of such colony, island possession, or bailiwick; or purporting to have been acknowledged or proved before a notary public having a seal, or before the mayor or other chief executive officers of any city, town, borough, county, or municipal corporation having a seal, of any such foreign kingdom, empire, republic, state, principality, province, colony, island possession, or bailiwick, such mayor or other chief officer certifying such acknowledgment under such seal; or purporting to have been acknowledged or proved out of this state and within any such kingdom, empire, republic, state, principality, province, colony, island possession, or bailiwick, before any ambassador, minister, consul, vice-consul, consular agent, vice-consular agent, charge d'affaires, commercial agent, vice-commercial agent, or any diplomatic, consular, or commercial agent or representative, or any deputy of any thereof, of the United States or of any other government or country, appointed to reside in the foreign country or place where the proof or acknowledgment is made, certifying the same under the seal of his office, shall be deemed prima facie to have been acknowledged or proved before proper officers, and such deeds or other instrument in writing, and in case of the loss of the originals, a copy of the record thereof, and of the certificate of the acknowledgment or proof appertaining to the same, shall be received as prima facie evidence of the execution and acknowledgment thereof, anything in the statutes of this state to the contrary notwithstanding.
C.R.S. § 38-10-109 — CO Code / Title 38 / Article 10 / Section 38-10-109
38-10-109. Authorized agent may subscribe instrument
Status: in_force

38-10-109. Authorized agent may subscribe instrument. Every instrument required to be subscribed by any party under section 38-10-108 may be subscribed by the agent of such party lawfully authorized by writing.
C.R.S. § 38-36-145 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-145
38-36-145. Certificates in evidence - variance
Status: in_force

38-36-145. Certificates in evidence - variance. The original certificate in the registration book, any copy thereof duly certified under the signature of the registrar of titles or his deputy and authenticated by his seal, and also the owner's duplicate certificate shall be received as evidence in all the courts of this state, and shall be conclusive as to all matters contained therein, except so far as is otherwise provided in this article. In case of a variance between the owner's duplicate certificate and the original certificate, the original shall prevail.
C.R.S. § 38-12-204.5 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-204.5
38-12-204.5. Eviction for rule violation - stay of eviction proceeding - rules challenge
Status: in_force

38-12-204.5. Eviction for rule violation - stay of eviction proceeding - rules challenge. If a resident is a defendant in a forcible entry and detainer complaint filed in either county or district court, and the resident has also submitted a pending complaint through the "Mobile Home Park Act Dispute Resolution and Enforcement Program", created in section 38-12-1104, that is related to the forcible entry and detainer action, the resident may provide a copy of their administrative complaint to the appropriate court of jurisdiction. Upon receiving confirmation of the pending administrative complaint, the court shall automatically stay any hearing on the forcible entry and detainer complaint for at least twenty-one calendar days, during which the division is encouraged to review and conduct an initial assessment of the complaint. The court at its discretion may stay the forcible entry and detainer complaint for longer than twenty-one calendar days to allow for appropriate investigation and adjudication of the pending administrative complaint. The resident shall also make reasonable efforts to inform administrators of the dispute resolution program of the pending forcible entry and detainer action, for the dispute resolution program to prioritize expedient resolution of the pending administrative complaint. This section does not apply to evictions filed pursuant to section 38-12-203 (1)(f).
C.R.S. § 38-41-211 — CO Code / Title 38 / Article 41 / Part 2 / Section 38-41-211
38-41-211. Exemption in addition to allowances
Status: in_force

38-41-211. Exemption in addition to allowances. The homestead exemption granted under this part 2 shall be in addition to and not in lieu of the exempt property and family allowances to a surviving spouse and minor and dependent children of a decedent and the preferences granted to dependents of protected persons under articles 10 to 20 of title 15, C.R.S.
C.R.S. § 38-30-161 — CO Code / Title 38 / Article 30 / Section 38-30-161
38-30-161. Use prohibition or restriction affecting less or more real property - more or fe
Status: in_force

38-30-161. Use prohibition or restriction affecting less or more real property - more or fewer use prohibitions or restrictions. For purposes of sections 38-30-157 to 38-30-164, every inter vivos instrument and every will and every appointment shall be considered as purporting to prohibit or restrict a use of an interest in real property which has been previously prohibited or restricted notwithstanding that any previous inter vivos instrument or will or appointment included more real property or less real property or more or fewer use prohibitions or restrictions.
C.R.S. § 38-37-105 — CO Code / Title 38 / Article 37 / Section 38-37-105
38-37-105. Classification of counties for purposes of regulating fees and salaries of publi
Status: in_force

38-37-105. Classification of counties for purposes of regulating fees and salaries of public trustees. (1) For the purpose of providing for and regulating the fees and salaries of public trustees, the said several counties of this state are classified with reference to population and divided into three classes, as follows:

(a) Class 1: City and county of Denver;

(b) Class 2: Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson, Larimer, Mesa, Pueblo, and Weld;

(c) Class 3: Alamosa, Archuleta, Baca, Bent, city and county of Broomfield, Chaffee, Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Custer, Delta, Dolores, Eagle, Elbert, Fremont, Garfield, Gilpin, Grand, Gunnison, Hinsdale, Huerfano, Jackson, Kiowa, Kit Carson, Lake, La Plata, Las Animas, Lincoln, Logan, Mineral, Moffat, Montezuma, Montrose, Morgan, Otero, Ouray, Park, Phillips, Pitkin, Prowers, Rio Blanco, Rio Grande, Routt, Saguache, San Juan, San Miguel, Sedgwick, Summit, Teller, Washington, and Yuma.
C.R.S. § 38-20-113 — CO Code / Title 38 / Article 20 / Part 1 / Section 38-20-113
38-20-113. Lien no bar to suit for charges
Status: in_force

38-20-113. Lien no bar to suit for charges. 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.
C.R.S. § 38-36-178 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-178
38-36-178. Sale or mortgage of lands in probate
Status: in_force

38-36-178. Sale or mortgage of lands in probate. Nothing in this article shall include, affect, or impair the jurisdiction of the district or probate court to order an executor, administrator, or guardian to sell or mortgage registered land for any purpose for which such order may be granted in the case of unregistered land. The purchaser or mortgagee taking a deed or mortgage executed in pursuance of such order of the district or probate court shall be entitled to register his title and to the entry of a new certificate of title or memorial of registration upon application to the district court and upon filing in the office of the registrar of titles an order of said court directing the entry of such certificates.
C.R.S. § 38-22.5-111 — CO Code / Title 38 / Article 22.5 / Section 38-22.5-111
38-22.5-111. Substitution of bond allowed - lien to be discharged
Status: in_force

38-22.5-111. Substitution of bond allowed - lien to be discharged. (1) Whenever a brokers' lien has been recorded in accordance with this article, the owner of any interest in the property subject to the lien may, at any time, file with the clerk of the district court of the county wherein the property is situated a corporate surety bond or similar financial assurance. Such bond or assurance shall be in an amount equal to one and one-half times the amount of the lien plus costs allowed to date and is subject to approval by a judge of the district court with which such bond or assurance is filed.

(2) The bond or assurance shall be conditioned that, if the lien claimant is finally adjudged to be entitled to recover on the claim upon which the lien is based, the principal or surety shall pay to such claimant the amount of the judgment, including any interest, costs, or other sums to which the claimant would be entitled upon foreclosure of the lien.

(3) Notwithstanding any other provision of this article or section 38-35-110, upon the filing of a bond or undertaking as provided in this section, the lien against the property, and any notice of lis pendens relating to such lien or notice of the commencement of any action relating to such lien, shall be immediately discharged and released in full; the real property described in such bond or undertaking shall be forever released from the lien, from any notice of lis pendens or notice of the commencement of any action relating to such lien, and from any action brought to foreclose the lien; the bond or undertaking shall be substituted; and no notice of lis pendens or notice of the commencement of any action relating to such lien or any action for the enforcement or foreclosure thereof shall thereafter be recorded against the property. The clerk of the district court with which the bond or undertaking has been filed shall issue a certificate of release, which shall be recorded in the office of the clerk and recorder of the county in which the original real estate brokers' lien was filed, and the certificate of release shall show that the property has been forever released from the lien, from any notice of lis pendens relating to such lien, from any notice of the commencement of any action relating to such lien, and from any action brought to foreclose such lien.
C.R.S. § 38-40-104 — CO Code / Title 38 / Article 40 / Section 38-40-104
38-40-104. Cause of action - attorney fees
Status: in_force

38-40-104. Cause of action - attorney fees. (1) If any applicant or debtor is aggrieved by a violation of section 38-40-102, 38-40-103, 38-40-103.5, or 38-40-106 and the violation is not remedied in a reasonable, timely, and good faith manner by the party obligated to do so, and after a good faith effort to resolve the dispute is made by the debtor or borrower, the debtor or borrower may bring an action in a court of competent jurisdiction for any such violation. If the court finds that actual damages have occurred, the court shall award to the debtor or borrower, in addition to actual damages, the amount of one thousand dollars, together with costs and reasonable attorney fees.

(2) A transferee from a lender is not liable for any act or omission of the lender under section 38-40-102. A transferee of servicing or collection rights is not liable for any act or omission of the transferor of those rights under section 38-40-103 or 38-40-103.5.
C.R.S. § 38-24-101 — CO Code / Title 38 / Article 24 / Section 38-24-101
38-24-101. Property subject to lien
Status: in_force

38-24-101. Property subject to lien. Every person, firm, or corporation, whether as contractor, subcontractor, materialman, or laborer, who performs labor upon or furnishes machinery, material, fuel, explosives, power, or supplies for sinking, repairing, altering, or operating any gas well, oil well, or other well or for constructing, repairing, or operating any oil derrick, oil tank, oil pipeline or water pipeline, pump or pumping station, transportation or communication line, or gasoline plant and refinery by virtue of a contract, express or implied, with the owner or lessee of any interest in real estate or with the trustee, agent, or receiver of any such owner, part owner, or lessee shall have a lien to secure the payment thereof upon the properties mentioned belonging to the party contracting with the lien claimants, and upon the machinery, materials, and supplies so furnished, and upon any well upon and in which such machinery, materials, and supplies have been placed and used, and upon all other wells, buildings, and appurtenances, and the interest, leasehold, or otherwise, of such owner, part owner, or lessee in the lot or land upon which said improvements are located, or to which they may be removed, to the extent of the right, title, and interest of the owner, part owner, or lessee, at the time the work was commenced or machinery, materials, and supplies were begun to be furnished by the lien claimant or by the contractor under the original contract; and such lien shall extend to any subsequently acquired interest of any such owner, part owner, or lessee.
C.R.S. § 38-33.3-109 — CO Code / Title 38 / Article 33.3 / Part 1 / Section 38-33.3-109
38-33.3-109. Construction against implicit repeal
Status: repealed

38-33.3-109. Construction against implicit repeal. 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.
C.R.S. § 38-13-1009 — CO Code / Title 38 / Article 13 / Part 10 / Section 38-13-1009
38-13-1009. Administrator's contract with another to conduct examination - definition
Status: in_force

38-13-1009. Administrator's contract with another to conduct examination - definition. (1) In this section, "related to the administrator" refers to an individual who is:

(a) The administrator's spouse, partner in a civil union, domestic partner, or reciprocal beneficiary;

(b) The administrator's child, stepchild, grandchild, parent, stepparent, sibling, stepsibling, half-sibling, aunt, uncle, niece, or nephew;

(c) A spouse, partner in a civil union, domestic partner, or reciprocal beneficiary of an individual listed in subsection (1)(b) of this section; or

(d) Any individual residing in the administrator's household.

(2) The administrator may contract with a person to conduct an examination under this part 10. The contract may be awarded only under the "Procurement Code", articles 101 to 112 of title 24.

(3) If the person with which the administrator contracts under subsection (2) of this section is:

(a) An individual, the individual must not be related to the administrator; or

(b) A business entity, the entity must not be owned in whole or in part by the administrator or an individual related to the administrator.

(4) At least sixty days before assigning a person under contract with the administrator under subsection (2) of this section to conduct an examination, the administrator shall demand in a record that the person to be examined submit a report and deliver property that is previously unreported.

(5) If the administrator contracts with a person under subsection (2) of this section:

(a) The contract may provide for compensation of the person based on a fixed fee, hourly fee, or contingent fee;

(b) A contingent fee arrangement must include a provision that:

(I) Requires the person under contract with the administrator, upon completion of the examination, to provide the administrator with a statement of the amount of the contingent fee, the hours spent on the examination, and the average hourly rate for services provided by the person based on the contingent fee; and

(II) Specifies an alternative hourly rate, not to exceed five hundred dollars per hour, at which the person under contract with the administrator is compensated in the event that the statement provided by the person under subsection (5)(b)(I) of this section indicates an average hourly rate for the examination of more than five hundred dollars per hour;

(c) A contingent fee arrangement must not provide for a payment that exceeds twelve percent of the amount or value of property paid or delivered as a result of the examination; and

(d) On request by a person subject to examination by a contractor, the administrator shall deliver to the person a complete and unredacted copy of the contract and any contract between the contractor and a person employed or engaged by the contractor to conduct the examination.

(6) A contract under subsection (2) of this section is subject to public disclosure without redaction under the "Colorado Open Records Act", part 2 of article 72 of title 24.
C.R.S. § 38-12-201 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-201
38-12-201. Application of part 2
Status: repealed

38-12-201. Application of part 2. (1) This part 2 applies only to manufactured homes as defined in section 42-1-102 (48.8).

(2) Repealed.
C.R.S. § 38-29-113 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-113
38-29-113. Lost certificates of title
Status: in_force

38-29-113. Lost certificates of title. (1) Upon the loss in the mails of any certificate of title to a manufactured home and accompanying papers which may be sent by an authorized agent to the director and upon an appropriate application of the owner or other person entitled to such certificate of title directed to the authorized agent therefor, such certificate of title may be reissued bearing such notations respecting existing mortgages on the home therein described as the records of the authorized agent and of the director may indicate are unreleased and constitute an encumbrance upon the home, which certificate of title shall be issued without charge.

(2) If the holder of any certificate of title loses, misplaces, or accidentally destroys any certificate of title to a manufactured home which he holds whether as the holder of a mortgage or as the owner of the home therein described, upon application therefor to the director, the director may issue a duplicate certificate of title as in other cases.

(3) Upon the issuance of any duplicate certificate of title as provided in this section, the director shall note thereon every mortgage shown to be unreleased and the lien of which is in force and effect as may be disclosed by the records in his office and shall dispose of such certificate as in other cases.
C.R.S. § 38-33-111 — CO Code / Title 38 / Article 33 / Section 38-33-111
38-33-111. Special provisions applicable to time share ownership
Status: repealed

38-33-111. Special provisions applicable to time share ownership. (1) No time share estates shall be created with respect to any condominium unit except pursuant to provisions in the project instruments expressly permitting the creation of such estates. Each time share estate shall constitute for all purposes an estate or interest in real property, separate and distinct from all other time share estates in the same unit or any other unit, and such estates may be separately conveyed and encumbered.

(2) Repealed.

(3) With respect to each time share unit, each owner of a time share estate therein shall be individually liable to the unit owners' association or corporation for all assessments, property taxes both real and personal, and charges levied pursuant to the project instruments against or with respect to that unit, and such association or corporation shall be liable for the payment thereof, except to the extent that such instruments provide to the contrary. However, with respect to each other, each time share owner shall be responsible only for a fraction of such assessments, property taxes both real and personal, and charges proportionate to the magnitude of his undivided interest in the fee to the unit.

(4) No person shall have standing to bring suit for partition of any time share unit except in accordance with such procedures, conditions, restrictions, and limitations as the project instruments and the deeds to the time share estates may specify. Upon the entry of a final order in such a suit, it shall be conclusively presumed that all such procedures, conditions, restrictions, and limitations were adhered to.

(5) In the event that any condemnation award, any insurance proceeds, the proceeds of any sale, or any other sums shall become payable to all of the time share owners of a unit, the portion payable to each time share owner shall be proportionate to the magnitude of his undivided interest in the fee to the unit.
C.R.S. § 38-1-201 — CO Code / Title 38 / Article 1 / Part 2 / Section 38-1-201
38-1-201. Legislative declaration
Status: in_force

38-1-201. Legislative declaration. (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 allows individual property owners and corporations to condemn property in certain circumstances when condemnation is necessary to create a private way of necessity or to allow beneficial use of private property.

(b) Although both the state constitution and state statutes require the payment of just compensation to any person whose property is condemned, the exercise of the power of eminent domain nonetheless substantially impacts fundamental property rights.

(c) Because of this substantial impact, it is necessary and appropriate to ensure that Coloradans can easily determine which governmental entities, corporations, and other persons may exercise the power of eminent domain and to further ensure that Coloradans can easily identify the procedural requirements that entities, corporations, and other persons must follow when exercising the power of eminent domain.

(2) The general assembly further finds and declares that:

(a) In addition to counties, cities and counties, and municipalities that serve as general units of government in the state, the governmental structure of the state includes a wide variety of special districts, authorities, and other governmental entities that serve limited governmental purposes, some of which may exercise the power of eminent domain.

(b) Although many of the provisions of state law that authorize governmental entities, individuals, and corporations to exercise the power of eminent domain and prescribe procedures that govern the exercise of that power are concentrated in this article and in articles 2 to 7 of this title, the proliferation throughout the history of the state of special districts, authorities, and other governmental entities that serve limited governmental purposes, together with other historical factors that have necessitated grants of eminent domain powers to certain types of corporations and persons, have resulted in the codification in other parts of the Colorado Revised Statutes of many other provisions that authorize the exercise of the power of eminent domain.

(c) The codification of provisions of state law that authorize eminent domain in parts of the Colorado Revised Statutes other than this article and articles 2 to 7 of this title makes it difficult in many cases for Coloradans to easily determine, with respect to any given governmental entity, corporation, or person:

(I) Whether the governmental entity, corporation, or person may exercise the power of eminent domain; and

(II) The procedural requirements that the governmental entity, corporation, or person must comply with in order to exercise the power of eminent domain.

(d) In order to help Coloradans to more easily determine whether any given governmental entity, corporation, or person may exercise the power of eminent domain and identify the procedural requirements that the entity, corporation, or person must follow in exercising the power of eminent domain, it is necessary, appropriate, and in the best interests of the state to list in this part 2 all of the governmental entities, corporations, and persons that may exercise the power of eminent domain pursuant to provisions of state law and to clarify that the procedural requirements specified in this article and articles 2 to 7 of this title apply to all eminent domain proceedings.

(e) In enacting this part 2, it is not the intent of the general assembly to:

(I) Repeal, limit, or otherwise modify the authority of any governmental entity, corporation, or person to exercise the power of eminent domain;

(II) Grant new eminent domain authority to any governmental entity, individual, or corporation; or

(III) Infringe upon the home rule power of any home rule municipality or county.
C.R.S. § 38-29-109 — CO Code / Title 38 / Article 29 / Part 1 / Section 38-29-109
38-29-109. Director may refuse certificate, when
Status: in_force

38-29-109. Director may refuse certificate, when. The director shall use reasonable diligence in ascertaining whether the facts stated in any application and facts contained in other documents submitted to him with said application are true and, in appropriate cases, may require the applicant to furnish other and additional information regarding his ownership of the manufactured home and his right to have issued to him a certificate of title therefor. He may refuse to issue a certificate of title to such home if from his investigation he determines that the applicant is not entitled thereto.
C.R.S. § 38-13-214 — CO Code / Title 38 / Article 13 / Part 2 / Section 38-13-214
38-13-214. Foreclosure sale - overbid
Status: in_force

38-13-214. Foreclosure sale - overbid. Any overbid, as defined in section 38-38-100.3, that is equal to or greater than twenty-five dollars and that remains unclaimed for six months after the date of sale is presumed abandoned.
C.R.S. § 38-30-144 — CO Code / Title 38 / Article 30 / Section 38-30-144
38-30-144. Conveyance by corporation
Status: in_force

38-30-144. Conveyance by corporation. (1) A private corporation, authorized by law to convey, mortgage, or lease any of its real estate, may convey, mortgage, or lease the same in the manner authorized by articles 30 to 44 of this title or by instrument under its common seal, subscribed by its president, vice-president, or other head officer.

(2) Any corporate instrument affecting title to real property, executed by the president, vice-president, or other head officer of the corporation, in the form required or permitted by law, shall be deemed to have been executed with proper authority in the usual course of business, and shall be binding and conclusive upon the corporation as to any bona fide purchaser, encumbrancer, or other person relying on such instrument.

(3) There shall be filed or recorded in the office of the county clerk and recorder of each county where a corporation owns real property:

(a) A certificate of incorporation of a domestic corporation or a certified copy thereof; if the articles of incorporation limit the duration of the corporate life to less than perpetuity, or limit or impose conditions upon the exercise of the statutory powers of the corporation with respect to real property, then a certified copy of said articles;

(b) Where an amendment to the articles of incorporation changes the name or the period of duration of a domestic corporation, or limits or imposes conditions upon the exercise of the statutory powers of the corporation with respect to real property, the certificate of amendment or a certified copy thereof, and, if the certificate of amendment does not set forth such amendment, a certified copy of the articles of amendment;

(c) A certified copy of restated articles of incorporation of a domestic corporation;

(d) A certificate of merger of a domestic corporation or a certified copy thereof;

(e) A certificate of consolidation of a domestic corporation or a certified copy thereof;

(f) A certificate of dissolution of a domestic corporation or a certified copy thereof;

(g) A certified copy of a decree of involuntary dissolution of a domestic corporation;

(h) A certificate of authority of a foreign corporation or a certified copy thereof; if the articles of incorporation limit the duration of the corporate life to less than perpetuity or if they limit or impose conditions upon the exercise of any corporate power described in section 7-103-102, C.R.S., with respect to real property, then a certified copy of the articles of incorporation and amendments thereto;

(i) Where an amendment to the articles of incorporation changes the name or the period of duration of a foreign corporation or limits or imposes conditions upon the exercise of any corporate power described in section 7-103-102, C.R.S., with respect to real property, a certified copy of such amendment;

(j) Where a foreign corporation procures an amended certificate of authority evidencing a change in its corporate name, such amended certificate of authority or a certified copy thereof;

(k) A certificate of withdrawal from this state of a foreign corporation or a certified copy thereof.

(4) The failure to file any of the documents set forth in subsection (3) of this section in the office of any county clerk and recorder in this state shall not affect or impair the validity of such document; but any corporation which is required by subsection (3) of this section to file or record documents in addition to the certificate of incorporation or the certificate of authority but which has not filed or recorded such documents at the time any person acquires any interest in or lien upon real property from said corporation shall, as against such person and those claiming under him, be conclusively deemed to be an existing corporation qualified to exercise the powers described in section 7-103-102, C.R.S.
C.R.S. § 38-1-114 — CO Code / Title 38 / Article 1 / Part 1 / Section 38-1-114
38-1-114. Formula for computing compensation - definitions
Status: in_force

38-1-114. Formula for computing compensation - definitions. (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, including damages and benefits, if any, shall be determined initially as of the date the petitioner is authorized by agreement, stipulation, or court order to take possession or the date of trial or hearing to assess compensation, whichever is earlier, but any amount of compensation determined initially shall remain subject to adjustment for one year after the date of the initial determination to provide for additional damages or benefits not reasonably foreseeable at the time of the initial determination. In estimating the value of all property actually taken, the true and actual value at such time shall be allowed and awarded. No deduction therefrom shall be allowed for any benefit to the residue of said property. In estimating damages occasioned to other portions of the claimant's property or any part thereof other than that actually taken, the value of the benefits, if any, may be deducted therefrom. In all cases the owner shall receive the full and actual value of all property actually taken. In case the benefit to the property not actually taken exceeds the damages sustained by the owner to the property not actually taken, the owner shall not be required to pay or allow credit for such excess.

(2) (a) For 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, including damages and benefits, if any, shall be determined as of the date the petitioner is authorized by agreement, stipulation, or court order to take possession or the date of trial or hearing to assess compensation, whichever is earlier, but any amount of compensation determined initially shall remain subject to adjustment for one year after the date of the initial determination to provide for additional damages or benefits not reasonably foreseeable at the time of the initial determination.

(b) If an entire tract or parcel of property is condemned, the amount of compensation to be awarded is the reasonable market value of the said property on the date of valuation.

(c) If only a portion of a tract or parcel of land is taken, the damages and special benefits, if any, to the residue of said property shall be determined. When determining damages and special benefits, the appraiser shall take into account a proper discount when the damages and special benefits are forecast beyond one year from the date of appraisal.

(d) In determining the amount of compensation to be paid for such a partial taking, the compensation for the property taken and damages to the residue of said property shall be reduced by the amount of any special benefits which result from the improvement or project, but not to exceed fifty percent of the total amount of compensation to be paid for the property actually taken.

(3) For purposes of this section, "transportation" shall have the same meaning as set forth in section 43-1-102 (6), C.R.S.
C.R.S. § 38-36-120 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-120
38-36-120. Parties plaintiff and defendant - unknown claimants
Status: in_force

38-36-120. Parties plaintiff and defendant - unknown claimants. The applicant shall be known in the summons as the plaintiff. All persons named in the application or found by the report of the examiner as being in possession of the premises or as having of record any lien, encumbrance, right, title, or interest in the land, and all other persons designated as follows: "All other persons or parties unknown claiming any right, title, estate, lien, or interest in, to, or upon the real estate described in the application herein", shall be defendants.
C.R.S. § 38-13-801 — CO Code / Title 38 / Article 13 / Part 8 / Section 38-13-801
38-13-801. Unclaimed property trust fund - creation - payments - interest - appropriations
Status: in_force

38-13-801. Unclaimed property trust fund - creation - payments - interest - appropriations - records - rules. (1) (a) There is hereby created in the state treasury the unclaimed property trust fund. The principal in the trust fund consists of all money received by the administrator from sales of unclaimed property pursuant to part 7 of this article 13 or otherwise collected by the administrator under this article 13 other than from the sale of securities as contemplated by section 38-13-801.5.

(b) Except as provided in subsections (2), (3), and (3.5) of this section, the principal of the trust fund shall not be expended except to pay claims made pursuant to this article 13. Money constituting the principal of the trust fund is not fiscal year spending of the state for purposes of section 20 of article X of the state constitution and is not subject to appropriation by the general assembly.

(c) All interest derived from the deposit and investment of money in the trust fund shall be credited to the trust fund.

(d) The money in the unclaimed property trust fund does not revert to the general fund at the end of any fiscal year.

(2) (a) The general assembly shall make annual appropriations out of the principal of the unclaimed property trust fund for the direct and indirect costs of administering this article 13, except as provided for the payment of contract auditor services in subsection (2)(b) of this section.

(b) Money in the unclaimed property trust fund is continuously appropriated to the administrator for the payment of contract auditor services and for fees of security custodians for properties that are securities. Any money appropriated for the payment of contract auditor services shall be paid from revenues collected by contract auditors.

(c) The administrator shall promulgate rules in accordance with article 4 of title 24 as necessary to administer payment for contract auditor services, including any rules necessary to:

(I) Specify the requirements or expertise of contract auditors;

(II) Adequately protect unclaimed property while the property is in the possession of the contract auditor; and

(III) Prevent identity theft and the sale or transfer of personal identifying information obtained by the contract auditor during the course of the contract auditor's duties.

(d) The following amounts constitute fiscal year spending for purposes of section 20 of article X of the state constitution:

(I) Any money that is appropriated to the department of the treasury as required by this subsection (2);

(II) Any money that is credited to the adult dental fund created in section 25.5-5-207 (4) as required by subsection (3) of this section;

(III) Any money that is credited to the housing development grant fund created in section 24-32-721 (1) as required by subsection (3.5) of this section;

(IV) Any money that is transferred to the general fund as required by subsection (5) of this section; and

(V) Any money appropriated to the Colorado long-term works reserve created in section 26-2-721 in accordance with subsection (5) of the section.

(2.5) (a) Notwithstanding any provision of this section to the contrary, on July 1, 2020, the state treasurer shall transfer one million one hundred thirty-nine thousand four hundred two dollars from the unclaimed property trust fund to the general fund.

(b) On June 30, 2021, the state treasurer shall transfer one million one hundred thirty-nine thousand four hundred two dollars from the general fund to the unclaimed property trust fund.

(3) (a) After reserving the amounts described in subsection (3)(b) of this section, the state treasurer shall transmit to the adult dental fund created in section 25.5-5-207 (4) an amount of principal and interest in the trust fund sufficient to implement the adult dental benefit pursuant to section 25.5-5-202 (1)(w).

(b) The administrator shall reserve in the trust fund and shall not transfer any money necessary for:

(I) The claims paid pursuant to this article 13 for each fiscal year;

(II) The reserve amount necessary to pay anticipated claims; and

(III) Publications and correspondence expenses pursuant to section 38-13-503.

(3.5) (a) Notwithstanding any other provision of this section, if, based upon the estimate described in subsection (3.5)(b)(I) of this section, state revenues for the 2022-23 state fiscal year through the 2024-25 state fiscal year are less than the transfer cutoff amount, the state treasurer shall transfer from the unclaimed property trust fund to the division of housing to be deposited into the housing development grant fund created in section 24-32-721 (1) no later than June 30 of the year in which the economic and revenue forecast is made the amount of thirty million dollars.

(b) (I) In its annual June forecast, legislative council staff shall report estimates for the current state fiscal year of state revenues, the transfer cutoff amount, and the amount of the transfer required by this section based on those estimates. Legislative council staff shall include the amount of the anticipated transfer in its estimate of fiscal year spending for the state fiscal year.

(II) On June 1 of each year, the state treasurer shall notify legislative council staff of the amount available in the unclaimed property trust fund to be transferred on June 30 of the year under this section if the amount is less than thirty million dollars.

(c) As used in this subsection (3.5):

(I) "Excess state revenues cap" has the same meaning as set forth in section 24-77-103.6 (6)(b).

(II) "June forecast" means the economic and revenue forecast prepared by legislative council staff each June.

(III) "State revenues" has the same meaning as set forth in section 24-77-103.6 (6)(c); except that it does not include any amount for the anticipated transfer permitted by subsection (3.5)(a) of this section.

(IV) "Transfer cutoff amount" means, for a given fiscal year, an amount equal to the excess state revenues cap for the fiscal year minus thirty million dollars.

(d) All of the money to be transferred pursuant to subsection (3.5)(a) of this section must be deposited by the division of housing into the housing development grant fund created in section 24-32-721 (1) to finance the uses described in section 24-32-721.

(e) Notwithstanding any other provision of this section, for each state fiscal year that a transfer is not made, the last year in which a transfer may be made as specified in subsection (3.5)(a) of this section is extended for an additional state fiscal year. Any transfer permitted by subsection (3.5)(a) of this section shall not be made in more than three total state fiscal years.

(4) Before crediting any money to the trust fund pursuant to subsection (1) of this section, the administrator shall record the name and last-known address of each person appearing from the holders' reports to be entitled to the property.

(5) Notwithstanding any other provision of this section, on July 1, 2020, the state treasurer shall transfer forty-three million dollars from the unclaimed property trust fund to the general fund.
C.R.S. § 38-41-201.5 — CO Code / Title 38 / Article 41 / Part 2 / Section 38-41-201.5
38-41-201.5. Legislative declaration of homestead exemption for mobile homes
Status: in_force

38-41-201.5. Legislative declaration of homestead exemption for mobile homes. The general assembly hereby finds and declares that, as the cost of conventional housing continues to escalate, mobile homes will become an ever larger percentage of the total housing supply, particularly for the elderly and the low-to-moderate income groups; that the purchase of a mobile home is a major investment; that most mobile homes are permanently or semipermanently located; that great improvements have been made in the quality and variety of such homes; and that mobile homes are dwellings which should be accorded a status equivalent to conventional homes. The general assembly recognizes, however, that mobile homes are more readily moved than conventional homes; that they are presently bought and sold as personal property and that there are advantages to both the industry and consumers to continue this practice; and that they presently have a dual nature in the area of taxation and tax collection; therefore mobile homes should be entitled to a homestead exemption.
C.R.S. § 38-36-119 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-119
38-36-119. Issuance of summons
Status: in_force

38-36-119. Issuance of summons. If, in the opinion of the examiner, the applicant has a title as alleged, and proper registration, or if the applicant, after an adverse opinion of the examiner, elects to proceed further, the clerk of the court shall immediately upon the filing of the examiner's opinion or the applicant's election, as the case may be, issue a summons substantially in the form provided for in section 38-36-123. The summons shall be issued by the order of the court and attested by the clerk of the court.
C.R.S. § 38-12-1205 — CO Code / Title 38 / Article 12 / Part 12 / Section 38-12-1205
38-12-1205. Remedies
Status: in_force

38-12-1205. Remedies. (1) If a landlord engages in prohibited conduct described in section 38-12-1203 against a tenant, the tenant may bring a civil action to seek any one or more of the following remedies:

(a) Compensatory damages for injury or loss suffered;

(b) A civil penalty in an amount not to exceed two thousand dollars for each violation, payable to the tenant;

(c) Costs, including reasonable attorney fees; and

(d) Other equitable relief the court finds appropriate.

(2) Nothing in this part 12 renders the immigration or citizenship status of a tenant relevant to any issue of liability or remedy in a civil action involving a tenant's housing rights. In proceedings or discovery undertaken in a civil action involving a tenant's housing rights, no inquiry shall be permitted into the tenant's immigration or citizenship status unless:

(a) The claims or defenses raised by the tenant place the tenant's immigration or citizenship status directly in contention; or

(b) The person seeking to make the inquiry demonstrates by clear and convincing evidence that the inquiry is necessary in order to comply with federal law.

(3) If a civil action is commenced pursuant to this section, any party to the civil action may demand a trial by jury.
C.R.S. § 38-20-208 — CO Code / Title 38 / Article 20 / Part 2 / Section 38-20-208
38-20-208. Lien no bar
Status: in_force

38-20-208. Lien no bar. 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.
C.R.S. § 38-30-153 — CO Code / Title 38 / Article 30 / Section 38-30-153
38-30-153. Recording wills and decrees affecting lands - descents
Status: in_force

38-30-153. Recording wills and decrees affecting lands - descents. Any will in writing for the devise of real estate in this state, together with the probate thereof and the certificate mentioned in section 38-30-154, may be recorded in the office of the county clerk and recorder of every county wherein any of such real estate so devised may be situated; and all other decrees in probate determining the descent of real estate, together with the certificate mentioned in section 38-30-154, may in like manner be recorded. In case any decree or order, by certified copy or otherwise, of any appellate court is or shall be filed in any court for the government thereof in the premises, a copy of the same shall be attached to any such will and probate thereof, or to such decree, as the case may be, and certified with the other papers.
C.R.S. § 38-36-202 — CO Code / Title 38 / Article 36 / Part 2 / Section 38-36-202
38-36-202. Definitions
Status: in_force

38-36-202. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Adverse instrument" means any document, instrument, paper, or order that adversely affects, but does not convey, the fee title to registered land, and the validity of which is not dependent upon consent by an owner of the registered land or some person claiming by, through, or under that owner.

(2) "Certificate of title" means a current certificate of title issued under part 1 of this article 36.

(3) "Conveyance instrument" means any document, instrument, paper, or order that:

(a) Conveys the fee title to registered land; or

(b) Affects the title to registered land and the validity of which is dependent upon consent by an owner of the registered land or some person claiming by, through, or under that owner.

(4) "Registered land" means real property and an interest in real property, the title to which has been registered under part 1 of this article 36.

(5) "Registrar" means a clerk and recorder of a county who is a registrar of title in his or her respective county in accordance with section 38-36-109.
C.R.S. § 38-39-100.5 — CO Code / Title 38 / Article 39 / Part 1 / Section 38-39-100.5
38-39-100.5. Definitions
Status: in_force

38-39-100.5. Definitions. The definitions in section 38-38-100.3 apply to this article unless the context otherwise requires.
C.R.S. § 38-12-206 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-206
38-12-206. Home owner meetings - assembly in common areas - meeting hosted by landlord
Status: reserved

38-12-206. Home owner meetings - assembly in common areas - meeting hosted by landlord. (1) Home owners shall have the right to meet and establish a homeowners' association. Meetings of home owners or the homeowners' association relating to mobile home living and affairs in their park common area, community hall, or recreation hall, if such a facility or similar facility exists, shall not be subject to prohibition by the park management if the common area or hall is reserved according to the park rules and such meetings are held at reasonable hours and when the facility is not otherwise in use; except that no such meetings shall be held in the streets or thoroughfares of the mobile home park.

(2) The management shall not charge home owners or residents a fee to meet in common buildings or spaces in the park, including any common area, community hall, or recreation hall; except that the management may charge for the reasonable costs of cleaning or repairing actual damages incurred. The management may recuperate the cost of repairs for actual damages beyond normal wear and tear that were caused by a home owner by retaining a portion of a home owner's security deposit.

(3) If requested by a home owner or resident, the landlord of a mobile home park shall, within thirty days of receiving the request, host and attend a free, public, accessible meeting for residents of the park; except that a landlord is not required to host and attend more than two meetings in a calendar year. Notice of the date, time, and location of the meeting must be posted in English, Spanish, and any other language reasonably known to be spoken by more than one resident in the park in a clearly visible location in common areas of the mobile home park, including any community hall or recreation hall, for a period of seven days before the meeting and must be provided by mail at least fourteen days before the meeting to each home owners' association, residents' association, or similar body that represents the residents of the park. In addition to mailing the notice as required by this section, the landlord shall provide notice of the meeting by e-mail to each home owner and resident who has an e-mail address on file with the landlord. Upon the reasonable request of a home owner or resident that is made at least seven days before the scheduled meeting, a landlord shall provide an interpreter for any meeting that is held pursuant to this section pursuant to section 38-12-212.9. If an interpreter is provided, the landlord shall provide any documents or materials for the meeting pursuant to section 38-12-212.9. The landlord shall bear the costs of providing the interpreter and for translating any documents or materials provided for the meeting. A landlord may use a virtual language line or other means of providing live interpretation virtually or online to satisfy the requirements of this section. The division is encouraged to publish a list of available virtual, online, and remote interpretation services that are offered by trained interpreters.
C.R.S. § 38-43-104 — CO Code / Title 38 / Article 43 / Section 38-43-104
38-43-104. Private or public sale of lease
Status: in_force

38-43-104. Private or public sale of lease. The court, after a hearing, may thereupon by order approve the leasing of said property by private contract with the proposed lessee and shall appoint a trustee, as provided in this article, and direct such trustee to execute such lease on the form proposed or such form as is satisfactory to the court, and such lease so executed shall be valid and binding and conclusive on all parties. The court, in its discretion, may order the leasing of said property to be conducted at public sale upon such notice and in such manner as the court shall direct. In the event of a public sale, such sale shall be reported back to the court and no lease shall be executed and delivered by the trustee until and unless the sale of said lease is approved by the court.
C.R.S. § 38-33.3-110 — CO Code / Title 38 / Article 33.3 / Part 1 / Section 38-33.3-110
38-33.3-110. Uniformity of application and construction
Status: in_force

38-33.3-110. Uniformity of application and construction. 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.
C.R.S. § 38-14-105 — CO Code / Title 38 / Article 14 / Section 38-14-105
38-14-105. Manner of giving notice
Status: in_force

38-14-105. Manner of giving notice. 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.
C.R.S. § 38-8-105 — CO Code / Title 38 / Article 8 / Section 38-8-105
38-8-105. Transfers fraudulent as to present and future creditors
Status: in_force

38-8-105. Transfers fraudulent as to present and future creditors. (1) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:

(a) With actual intent to hinder, delay, or defraud any creditor of the debtor; or

(b) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:

(I) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or

(II) Intended to incur, or believed or reasonably should have believed that he would incur, debts beyond his ability to pay as they became due.

(2) In determining actual intent under paragraph (a) of subsection (1) of this section, consideration may be given, among other factors, to whether:

(a) The transfer or obligation was to an insider;

(b) The debtor retained possession or control of the property transferred after the transfer;

(c) The transfer or obligation was disclosed or concealed;

(d) Before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;

(e) The transfer was of substantially all the debtor's assets;

(f) The debtor absconded;

(g) The debtor removed or concealed assets;

(h) The value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;

(i) The debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;

(j) The transfer occurred shortly before or shortly after a substantial debt was incurred; and

(k) The debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
C.R.S. § 38-32.5-103 — CO Code / Title 38 / Article 32.5 / Section 38-32.5-103
38-32.5-103. Enforcement
Status: in_force

38-32.5-103. Enforcement. 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.
C.R.S. § 38-12-223 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-223
38-12-223. Tenancy and park sale records
Status: in_force

38-12-223. Tenancy and park sale records. (1) A landlord shall retain records for each home owner and resident throughout the home owner's or resident's tenancy and for twelve months after the tenancy ends, including documentation of:

(a) Each rental agreement signed by the home owner or resident and the current or previous landlord;

(b) The date and amount of any change in rent during the home owner's or resident's tenancy;

(c) Written rules and regulations adopted by the current or previous landlord during the home owner's or resident's tenancy;

(d) Each request from the home owner or resident relating to the following, including whether the landlord at the time approved or disapproved each request:

(I) Guests, roommates, occupants, co-lessees, or sub-lessees;

(II) Pets or service animals;

(III) Accessory buildings or structures, including sheds and carports;

(IV) Decks, fences, wheelchair ramps, or other structural changes to the home or lot;

(V) Use of property related to parking of vehicles and use of vehicles; and

(VI) A request from the resident or home owner that notices, disclosures, or other communications be provided in a language other than English;

(e) A payment ledger that documents any rent or other type of payment from a resident or home owner, the amount paid, and the date the payment was made; and

(f) Written notices, disclosures, or other communications provided to residents and home owners who have requested that the landlord provide notices, disclosures, or other communications in a language other than English.

(2) A landlord who is selling or transferring a mobile home park shall maintain all records related to compliance with section 38-12-217 for a minimum of forty-eight months after any sale or transfer of a mobile home park is complete, including but not limited to:

(a) Notices mailed or given to home owners pursuant to sections 38-12-217 (1) and (2);

(b) Postings pursuant to section 38-12-217 (1)(c), including any forms for home owners to provide notice that they do not wish to participate in efforts to purchase the community;

(c) Signed writings provided by home owners to the park owner declining to participate in purchasing the park pursuant to section 38-12-217 (1)(c);

(d) Offers to purchase and proposed purchase and sale agreements submitted to the landlord by a group or association of home owners or their assignees pursuant to section 38-12-217 (4);

(e) Requests for information from a group or association of home owners or their assignees participating in the opportunity to purchase and the landlord's responses to the requests for information pursuant to section 38-12-217 (5)(a); and

(f) Offers to purchase and any conditional and unconditional purchase and sale agreements submitted by the successful purchaser of the mobile home park.

(3) Upon the sale or transfer of a mobile home park, the seller must transfer all records maintained under subsection (1) of this section to the new owner.

(4) If an issue arises as to a resident's right to any of the matters described in subsection (1)(c) or (2) of this section and the landlord has not retained adequate records for that resident, the landlord shall be presumed to have violated this part 2 unless the landlord demonstrates compliance by a preponderance of the evidence.

(5) The division may promulgate rules concerning the implementation of this section, including requirements concerning:

(a) How a person may access or obtain copies of records retained pursuant to this section and any restrictions on who may access records retained pursuant to this section;

(b) What fees or costs, if any, may be imposed for obtaining copies of records retained pursuant to this section;

(c) Confidentiality protections for personally identifying information included in records retained pursuant to this section;

(d) Secure destruction of records once the period of retention has passed; and

(e) Penalties for violations of this section.

(5.5) Notwithstanding the provisions of subsection (5) of this section, at any point during a tenancy or twelve months after a tenancy has ended, a resident may request a copy of their payment ledger and the landlord shall provide a copy within ten calendar days.

(6) If a current or former management or landlord violates this section, a home owner may file a complaint pursuant to section 38-12-1105. On and after July 1, 2024, or earlier if allowed by the division, a resident who does not own a mobile home in the park, a local government, or a nonprofit may file such a complaint.
C.R.S. § 38-35.7-111 — CO Code / Title 38 / Article 35.7 / Section 38-35.7-111
38-35.7-111. Disclosure - metropolitan district website - residences within the boundaries of
Status: in_force

38-35.7-111. Disclosure - metropolitan district website - residences within the boundaries of a metropolitan district. On or after January 1, 2024, an owner of residential real property that is located within the boundaries of a metropolitan district organized on or after January 1, 2000, that sells the property shall provide the purchaser of the property with the official website established by the metropolitan district pursuant to section 32-1-104.5 (3). The information shall be provided on the Colorado real estate commission approved seller's property disclosure or other concurrent writing.
C.R.S. § 38-13-304 — CO Code / Title 38 / Article 13 / Part 3 / Section 38-13-304
38-13-304. Holder domiciled in this state
Status: in_force

38-13-304. Holder domiciled in this state. (1) Except as otherwise provided in subsection (2) of this section or in section 38-13-302 or 38-13-303, the administrator may take custody of property presumed abandoned, whether located in this state, another state, or a foreign country, if the holder is domiciled in this state or is this state or a governmental subdivision, agency, or instrumentality of this state, and:

(a) Another state or foreign country is not entitled to the property because there is no last-known address in the records of the holder of the apparent owner or other person entitled to the property; or

(b) The state or foreign country of the last-known address of the apparent owner or other person entitled to the property does not provide for custodial taking of the property.

(2) Property is not subject to the custody of the administrator under subsection (1) of this section if the property is specifically exempt from custodial taking under the law of this state or the state or foreign country of the last-known address of the apparent owner.

(3) If a holder's state of domicile has changed since the time property was presumed abandoned, the holder's state of domicile in this section is deemed to be the state where the holder was domiciled at the time the property was presumed abandoned.
C.R.S. § 38-36-146 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-146
38-36-146. Indexes kept by registrar - adoption of forms
Status: in_force

38-36-146. Indexes kept by registrar - adoption of forms. The registrar of titles, under the direction of the court, shall make and keep indexes of all duplications and of all certified copies and decrees of registration and certificates of titles, and shall also index and file in classified order all papers and instruments filed in his office relating to applications and to registered titles. The registrar shall also, under the direction of the court, prepare and keep forms of indexes and registration and entry books. The court shall prepare and adopt convenient forms of certificates of titles, and also general forms of memorials or notations to be used by the registrars of titles in registering the common forms of conveyance and other instruments to express briefly their effect.
C.R.S. § 38-33.3-215 — CO Code / Title 38 / Article 33.3 / Part 2 / Section 38-33.3-215
38-33.3-215. Use for sales purposes
Status: reserved

38-33.3-215. Use for sales purposes. A declarant may maintain sales offices, management offices, and models in the common interest community only if the declaration so provides. Except as provided in a declaration, any real estate in a common interest community used as a sales office, management office, or model and not designated a unit by the declaration is a common element. If a declarant ceases to be a unit owner, such declarant ceases to have any rights with regard to any real estate used as a sales office, management office, or model, unless it is removed promptly from the common interest community in accordance with a right to remove reserved in the declaration. Subject to any limitations in the declaration, a declarant may maintain signs on the common elements advertising the common interest community. This section is subject to the provisions of other state laws and to local ordinances.
C.R.S. § 38-30-163 — CO Code / Title 38 / Article 30 / Section 38-30-163
38-30-163. Other statutes and laws remain applicable
Status: in_force

38-30-163. Other statutes and laws remain applicable. Sections 38-30-157 to 38-30-164 shall not be construed as establishing or maintaining or reviving the validity of any special limitation or possibility of reverter or condition subsequent or right of entry which becomes barred by any other statute or any other law, or which is for any reason unenforceable, or which for any reason has ceased to exist; nor shall it be construed as excusing, or extending the period for, the bringing of any action or the doing of any other act necessary, under any other statute or any other law, to establish or maintain the validity or enforceability of any special limitation or possibility of reverter or condition subsequent or right of entry.
C.R.S. § 38-22.5-105 — CO Code / Title 38 / Article 22.5 / Section 38-22.5-105
38-22.5-105. Mediation period
Status: in_force

38-22.5-105. Mediation period. The real estate broker shall make a good faith effort to attempt to resolve the nonpayment of the commission through mediation. The mediator's recommended resolution is not binding unless the parties so agree in writing. The parties shall jointly appoint an acceptable mediator and shall share equally in the cost of the mediation. Mediation shall commence when a written notice requesting mediation is delivered by one party to the other at the party's last-known address, and, unless otherwise agreed, the mediation shall terminate if the entire dispute is not resolved within thirty days thereafter. This section does not impair the ability of a real estate broker to record a notice of lien if a resolution is not agreed upon by both parties.
C.R.S. § 38-12-212.5 — CO Code / Title 38 / Article 12 / Part 2 / Section 38-12-212.5
38-12-212.5. Prohibition on retaliation and harassment - definition
Status: in_force

38-12-212.5. Prohibition on retaliation and harassment - definition. (1) The management shall not take retaliatory action against a home owner or resident who exercises any right conferred upon the home owner or resident by this part 2, part 11 of this article 12, or any other provision of law.

(2) Except as described in subsection (3) of this section, in an action or administrative proceeding by or against a home owner or resident, the management's action is presumed to be retaliatory if, within the one hundred twenty days preceding the management's action, the home owner or resident:

(a) Complained or expressed an intention to complain to a governmental agency about a matter relating to the mobile home park;

(b) Submitted a complaint to the management about a violation described in this part 2;

(c) Organized or became a member of a tenants' association or similar organization;

(d) Made any other effort to secure or enforce any of the rights or remedies provided by this part 2 or any other provision of law;

(e) Participated in a vote or decision-making process concerning the opportunity to purchase the mobile home park pursuant to section 38-12-217;

(f) Filed a water quality complaint or requested remediation to address a water quality issue under part 10 of article 8 of title 25; or

(g) Requested that the landlord provide communications required in this part 2 or part 11 or 14 of this article 12 in a language other than English.

(3) The presumption of retaliatory action described in subsection (2) of this section does not apply to an action or administrative hearing where the management:

(a) Addresses nonpayment of rent by a home owner or resident, as described in section 38-12-204; or

(b) Was notified by a peace officer or otherwise became aware that the mobile home that is the basis of the administrative hearing was being operated as an illegal drug laboratory, as defined in section 25-18.5-101 (8).

(4) The management may rebut a presumption of retaliation with sufficient evidence of a nonretaliatory purpose.

(4.5) The management shall not:

(a) Harass, intimidate, or threaten, or attempt to harass, intimidate, or threaten, any person for filing or attempting to file a complaint, joining or attempting to join an association of residents or home owners, engaging in activities to promote the organizing and education of residents and home owners, or voting or attempting to vote on a matter before the association of residents or home owners; or

(b) Coerce or require a person to sign an agreement.

(5) The rights and remedies provided by this section are available to home owners and residents in addition to the anti-retaliation protection provided in section 38-12-1105 (13).

(6) As used in this section, unless the context otherwise requires, "organizing" includes:

(a) Facilitating or attending a meeting for purposes of forming a tenants' organization or filing a complaint, even if the organization is not yet formed or the complaint has not yet been filed when the retaliation occurs; or

(b) Distribution of flyers or other promotional or educational materials related to tenant organization efforts.
C.R.S. § 38-13-1304 — CO Code / Title 38 / Article 13 / Part 13 / Section 38-13-1304
38-13-1304. Agreements to locate reported property - overbids from foreclosure sales
Status: in_force

38-13-1304. Agreements to locate reported property - overbids from foreclosure sales. (1) Notwithstanding any provision of section 38-13-1303 to the contrary, an agreement to pay compensation to recover or assist in recovering an unclaimed overbid transferred to the administrator under section 38-38-111 is:

(a) Not enforceable unless entered into at least two years after the date of the transfer;

(b) Enforceable if:

(I) The agreement is in writing and signed by the owner, as defined in section 38-38-111 (5);

(II) The agreement describes the property and the date of the foreclosure sale from which the overbid was derived;

(III) The agreement sets forth the nature of the services to be provided;

(IV) The compensation to be paid under the terms of the agreement does not exceed:

(A) Twenty percent of the amount of the overbid if entered into at least two years, but not more than three years, after the date of the transfer; or

(B) Thirty percent of the amount of the overbid if entered into more than three years after the date of the transfer; and

(V) States that the apparent owner may directly file a claim for property with the administrator, who in Colorado is the state treasurer, without being charged a fee by the administrator.

(2) A person who induces or attempts to induce another person to enter into an agreement described in this section that does not comply with all requirements of subsection (1) of this section commits a class 2 misdemeanor.

(3) Nothing in subsection (1) of this section prohibits an owner from asserting, at any time, that a written, signed agreement to recover or assist in recovering an overbid is based on excessive or unjust consideration.
C.R.S. § 38-36-208 — CO Code / Title 38 / Article 36 / Part 2 / Section 38-36-208
38-36-208. Effect of recording
Status: in_force

38-36-208. Effect of recording. (1) Recording of a certificate of title under section 38-36-204 or 38-36-205 has no effect on any proceedings under the registry system where the question of title to the real property has been determined. All proceedings conducted in connection with the registering of title that relate to the settlement or determination of the title before the recording and all provisions of part 1 of this article 36 that relate to the status of the title, including section 38-36-137, have continuing force and effect with respect to the period of time that title remained under the registry system.

(2) Any provision of part 1 of this article 36 that gives rise to a right of action for damages against the county treasurer has continuing force and effect with respect to the period of time that title remained under the registry system.
C.R.S. § 38-4-101 — CO Code / Title 38 / Article 4 / Section 38-4-101
38-4-101. Tunnel companies
Status: in_force

38-4-101. Tunnel companies. 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 any such tunnel of sufficient size and dimensions for such purpose through or over any patented or unpatented mines, mining claims, or other lands without the consent of the owner thereof, if such right-of-way is necessary to reach the place to or from which it is proposed to carry such ores, minerals, or other property.
C.R.S. § 38-5.5-103 — CO Code / Title 38 / Article 5.5 / Section 38-5.5-103
38-5.5-103. Use of public highways - discrimination prohibited - content regulation prohibit
Status: in_force

38-5.5-103. Use of public highways - discrimination prohibited - content regulation prohibited. (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 broadband facilities, including small cell facilities and small cell networks, along, across, upon, above, and under any public highway in this state, subject to this article 5.5 and article 1.5 of title 9.

(b) The construction, maintenance, operation, and regulation of the facilities described in subsection (1)(a) of this section, including the right to occupy and utilize the public rights-of-way, by telecommunications providers and broadband providers are matters of statewide concern. The facilities shall be constructed and maintained so as not to obstruct or hinder the usual travel on a highway.

(2) A political subdivision shall not discriminate among or grant a preference to competing telecommunications providers or broadband providers in the issuance of permits or the passage of any ordinance for the use of its rights-of-way, nor create or erect any unreasonable requirements for entry to the rights-of-way for the providers.

(3) A political subdivision shall not regulate a telecommunications provider or a broadband provider based upon the content or type of signals that are carried or capable of being carried over the provider's facilities; except that nothing in this subsection (3) prevents regulation by a political subdivision when the authority to regulate has been granted to the political subdivision under federal law.
C.R.S. § 38-32-102 — CO Code / Title 38 / Article 32 / Section 38-32-102
38-32-102. Estates deemed estates in land
Status: in_force

38-32-102. Estates deemed estates in land. Estates, rights, and interests in such areas shall pass by descent and distribution in the same manner as estates, rights, and interests in land and may be held, enjoyed, possessed, alienated, conveyed, exchanged, transferred, assigned, demised, released, charged, mortgaged, or otherwise encumbered, devised, and bequeathed in the same manner, upon the same conditions, and for the same uses and purposes as estates, rights, and interests in land and shall be in all other respects dealt with and treated as estates, rights, and interests in land.
C.R.S. § 38-4-110 — CO Code / Title 38 / Article 4 / Section 38-4-110
38-4-110. No right to vein matter acquired
Status: in_force

38-4-110. No right to vein matter acquired. 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 cross such vein or lode at such angle as may be suitable for the convenient operation of the tunnel.
C.R.S. § 38-25-102 — CO Code / Title 38 / Article 25 / Section 38-25-102
38-25-102. Federal liens - places of filing
Status: in_force

38-25-102. Federal liens - places of filing. (1) (a) Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens must be filed in accordance with this article.

(b) Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be recorded in the office of the county clerk and recorder of the county in which the real property subject to the liens is situated.

(2) Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed as follows:

(a) If the person against whose interest the lien applies is a corporation, partnership, or limited liability company whose chief executive office is in this state, as these entities are defined in the internal revenue laws of the United States, in the office of the secretary of state;

(b) If the person against whose interest the lien applies is a trust that is not covered by paragraph (a) of this subsection (2), in the office of the secretary of state;

(c) If the person against whose interest the lien applies is the estate of a decedent, in the office of the secretary of state;

(d) In all other cases, where the person against whose interest the lien applies has his, her, or its principal residence in this state at the time of recording of the notice of lien, the notice of lien shall be recorded in the office of the secretary of state.

(2.5) (Deleted by amendment, L. 2001, p. 1431, § 11, effective July 1, 2001.)
C.R.S. § 38-10-105 — CO Code / Title 38 / Article 10 / Section 38-10-105
38-10-105. Conveyance before power vests
Status: in_force

38-10-105. Conveyance before power vests. If a conveyance to a purchaser under section 38-10-103 or 38-10-104 is made before the person making the same is entitled to execute his power of revocation, it shall nevertheless be valid from the time the power of revocation actually vests in such person, in the same manner and to the same extent as if then made.
C.R.S. § 38-12-1406 — CO Code / Title 38 / Article 12 / Part 14 / Section 38-12-1406
38-12-1406. Sale of mobile home park
Status: in_force

38-12-1406. Sale of mobile home park. A successor owner of a mobile home park is bound by the terms of any rent-to-own contract entered into by the prior owner of the park as of the date of the change in park ownership. A purchaser with a valid rent-to-own contract may, for any reason, terminate the rent-to-own contract with a park owner and any successor owner upon a change in the ownership of the park.
C.R.S. § 38-38-114 — CO Code / Title 38 / Article 38 / Part 1 / Section 38-38-114
38-38-114. Unclaimed refunds - disposition under "Revised Uniform Unclaimed Property Act"
Status: in_force

38-38-114. Unclaimed refunds - disposition under "Revised Uniform Unclaimed Property Act". Money payable as a refund for overpayment of a cure of default pursuant to section 38-38-104 or for overpayment of a redemption pursuant to part 3 of this article 38 that remains unclaimed by the owner one year after the money became payable is presumed abandoned and shall be reported and paid to the state treasurer in accordance with sections 38-13-401 and 38-13-603.
C.R.S. § 38-36-173 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-173
38-36-173. When judgment becomes a lien
Status: in_force

38-36-173. When judgment becomes a lien. A judgment, decree, or order of any court shall be a lien upon or affect registered land or any estate or interest therein only when a certificate under the hand and official seal of the clerk of the court in which the same is of record, stating the date and purport of the judgment, decree, or order, or a certified copy of such judgment, decree, or order, or transcript of the judgment docket, is filed in the office of the registrar of titles and a memorial of the same is entered upon the register of the last certificate of the title affected.
C.R.S. § 38-22-112 — CO Code / Title 38 / Article 22 / Section 38-22-112
38-22-112. Allegations of complaint
Status: in_force

38-22-112. Allegations of complaint. It is sufficient to allege in the complaint in relation to any party claiming a lien whom it is desired to make a defendant, that such party claims a lien under this article upon the property described; and in case of the intervention of parties, or of the making of new parties, or of the consolidation of actions, so that the issues are in any manner changed or increased, any party to the action shall be allowed to amend his pleadings, or file new pleadings, as the nature of the case may require.
C.R.S. § 38-51-109.3 — CO Code / Title 38 / Article 51 / Section 38-51-109.3
38-51-109.3. Geographic information system positions - professional land surveyor
Status: in_force

38-51-109.3. Geographic information system positions - professional land surveyor. (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 land survey as defined in section 38-51-102 (11).

(b) It shall not establish the location of any aliquot or control corner as they are defined in subsections (2) and (6) of section 38-51-102 until complete research and corner evaluation are performed to meet the requirements as provided in this article.
C.R.S. § 38-51-104 — CO Code / Title 38 / Article 51 / Section 38-51-104
38-51-104. Monumentation of land surveys
Status: in_force

38-51-104. Monumentation of land surveys. (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 a land survey, be marked by reasonably permanent markers solidly embedded in the ground.

(b) A durable cap bearing the license number of the professional land surveyor responsible for the establishment of the monument shall be affixed securely to the top of each such monument embedded pursuant to this subsection (1).

(2) If the points designated in subsection (1) of this section fall on solid bedrock, concrete, stone curbs, gutters, or walks, a durable metal disk or cap shall be securely anchored in the rock or concrete and stamped with the license number of the professional land surveyor responsible for the establishment of the monument or marker.

(3) (a) If the monuments or markers required by subsection (1) of this section cannot practicably be set because of steep terrain, water, marsh, or existing structures, or if they would be lost as a result of proposed street, road, or other construction, one or more reference monuments shall be set.

(b) (I) The letters "RM" or "WC" and the surveyor's license number shall be affixed to the monument.

(II) For purposes of this paragraph (b), "RM" means reference monument and "WC" means witness corner.

(c) Reference monuments shall be set as close as practicable to the true corner and shall meet the same physical standards required to set the true corner.

(d) If only one reference monument is used, such reference monument shall be set on the actual boundary line or a prolongation thereof, otherwise at least two reference monuments shall be set.

(4) For any monument required by this section that marks the location of a section corner, quarter section corner, or sixteenth section corner, such monument shall meet the physical standards specified by rule and regulation promulgated by the board pursuant to section 24-4-103, C.R.S.

(5) (a) The top of the monument for any corner required by this section which is within the traffic area of a publicly named dedicated or deeded street, road, or highway shall be placed one-half foot below the roadway surface.

(b) If the roadway surface is pavement two inches thick or greater, the monument shall include a monument box the top of which shall be set flush with the surface of the pavement.

(6) No marker required by this section shall bear the license number of more than one professional land surveyor but may bear the name of an individual surveyor or surveying firm in addition to the required license number.
C.R.S. § 38-24-111 — CO Code / Title 38 / Article 24 / Section 38-24-111
38-24-111. Liability against owner of land
Status: in_force

38-24-111. Liability against owner of land. Nothing in this article shall fix a liability against the owner of the land, except when such owner is a party to the contract with the lien claimant.
C.R.S. § 38-36-123 — CO Code / Title 38 / Article 36 / Part 1 / Section 38-36-123
38-36-123. Form of summons
Status: in_force

38-36-123. Form of summons. The summons provided for in section 38-36-121 shall be in substance in the following form:

SUMMONS ON APPLICATION FOR REGISTRATION OF LAND.

STATE OF COLORADO )

) ss.

County of .....................................)

In the District Court.

(Name of applicant), plaintiff .... versus .... (names of all defendants, and all other persons or parties unknown, claiming any right, title, estate, lien, or interest in the real estate described in the application herein) ...... defendants.

The People of the State of Colorado to the above-named defendants, Greetings:

You are hereby summoned and required to answer the application of the applicant plaintiff in the above entitled application for registration of the following land situate in .............. county, Colorado, to wit: (description of land), and to file your answer to the said application in the office of the clerk of said court, in said county, within twenty days after the service of this summons upon you, exclusive of the day of such service; and if you fail to answer the said application within the time aforesaid, the applicant plaintiff in this action will apply to the court for the relief demanded in the application.

Witness, ........ clerk of said court and the seal thereof, at ........ in said county, and state, this .............. day of .............. A.D. 20.... .

(Seal.).............. Clerk.
C.R.S. § 38-12-1101 — CO Code / Title 38 / Article 12 / Part 11 / Section 38-12-1101
38-12-1101. Short title
Status: in_force

38-12-1101. Short title. The short title of this part 11 is the "Mobile Home Park Act Dispute Resolution and Enforcement Program".
C.R.S. § 38-35-203 — CO Code / Title 38 / Article 35 / Part 2 / Section 38-35-203
38-35-203. Action to enforce
Status: in_force

38-35-203. Action to enforce. (1) No spurious lien or spurious document shall hold or affect any real or personal property longer than thirty-five days after the lien or document has been recorded or filed in the office of any state or local official or employee, including the office of the clerk and recorder of any county or city and county or the office of the Colorado secretary of state, unless within the thirty-five days:

(a) An action has been commenced to enforce such lien or document in the state district court for the county or city and county in which the lien or document was recorded or filed or the federal district court in Colorado; and

(b) A notice of lis pendens stating that such an action has been commenced is recorded or filed in the office where the lien or document was recorded or filed.

(2) The notice of lis pendens required by paragraph (b) of subsection (1) of this section must comply with the requirements of section 38-35-110 and rule 105 (f) of the Colorado rules of civil procedure and must include the civil action number of the action that has been commenced to enforce the lien or document. Failure to comply with the requirements of this subsection (2) shall render the notice of lis pendens invalid.
C.R.S. § 38-30.5-109 — CO Code / Title 38 / Article 30.5 / Section 38-30.5-109
38-30.5-109. Taxation
Status: in_force

38-30.5-109. Taxation. 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 be assessed, however, with due regard to the restricted uses to which the property may be devoted. The valuation for assessment of a conservation easement which is subject to assessment and taxation, plus the valuation for assessment of lands subject to such easement, shall equal the valuation for assessment which would have been determined as to such lands if there were no conservation easement.
C.R.S. § 38-20-108 — CO Code / Title 38 / Article 20 / Part 1 / Section 38-20-108
38-20-108. Foreclosure action - procedure
Status: in_force

38-20-108. Foreclosure action - procedure. (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 defendant pursuant to the provisions of section 38-20-102, 38-20-105, 38-20-106, or 38-20-106.2;

(b) That said service was performed at the request of the defendant or his agent;

(c) A particular description of the property upon which the lien is claimed and a statement of its actual value;

(d) That the defendant has failed to pay charges within thirty days after the same became due and payable;

(e) That notice of demand for charges has been given to the owner personally or by registered mail at the owner's last-known address;

(f) An itemized description of the charges for labor performed and parts replaced if a lien is claimed under section 38-20-106;

(g) An itemized description of the charges for any work performed and materials furnished, including interest at the rate specified in section 38-22-101 (5), unless otherwise agreed, and for all costs incurred in enforcing such lien, including attorney fees if specified by contract if a lien is claimed under section 38-20-106.2.

(2) Upon filing the complaint, the clerk of the court shall issue a summons as in other cases; except that it shall command the defendant to appear before the court at a place named in such summons and at a time and on a day which shall be not less than three nor more than five days from the day of issuing the same to answer the complaint of plaintiff. The summons shall also contain a statement addressed to the defendant stating: "If you fail to file with the court, at or before the time for appearance specified in the summons, an answer to the complaint, denying or admitting all of the material allegations of the complaint, judgment by default may be taken against you for the lien charges described in the complaint, for costs as provided in this article, and for any other relief to which the plaintiff is entitled."

(3) If either party requests a delay in trial longer than five days, the court, in its discretion, upon good cause shown, may require either of the parties to give bond in an amount to be fixed by the court for the payment to the opposing party of such amount as he may be entitled to due to the delay. The bond shall be secured by two or more sureties, by one corporate surety authorized to do business in this state, or by cash bond, to be approved by the court.
C.R.S. § 38-1-111 — CO Code / Title 38 / Article 1 / Part 1 / Section 38-1-111
38-1-111. Possession pending appeal
Status: in_force

38-1-111. Possession pending appeal. 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 the use of the owner and shall thereupon be entitled to take possession and use the property taken or affected the same as if no such appeal had been taken. The money so deposited shall remain on deposit until such appeal has been heard and determined. If the owner elects to receive such money before the determination of said appeal, the appeal shall thereupon be dismissed so far as such owner is concerned. If the appeal is taken by the petitioner, the amount of compensation shall nevertheless be paid into court or to the clerk thereof for the use of the owner of the property condemned or affected before such petitioner has the right to take possession of and use said property so condemned or affected. Such compensation may be paid to such owner, at any time before the determination of such appeal, upon the execution and delivery of a good and sufficient bond by such owner with good and sufficient sureties, to be approved by said court, in a sum double the amount of such compensation, conditioned that such owner will pay and refund to such petitioner all or such part of said sum as said owner may be required or adjudged to pay said petitioner, together with the cost of said appeal.
C.R.S. § 38-35-115 — CO Code / Title 38 / Article 35 / Part 1 / Section 38-35-115
38-35-115. Execution by foreign representative of instrument regarding real estate prior to
Status: in_force

38-35-115. Execution by foreign representative of instrument regarding real estate prior to filing certified copies of order of appointment. When, by statute in effect at the time of the execution by an executor, trustee, or other representative appointed by a court or tribunal of a state other than Colorado or of a territory of the United States or of a country beyond the limits of the United States of an instrument of conveyance or encumbrance or contract concerning real estate in Colorado in accordance with the powers conferred by a will, testament, or codicil admitted to probate by such court or tribunal, a certified copy or an exemplified copy of the letters testamentary or trusteeship issued by such court or tribunal under such will, testament, or codicil or of the order of appointment by such court or tribunal is required to be filed for record with the county clerk and recorder of the county wherein is situated such real estate, the filing for record with such county clerk and recorder of such certified copy or exemplified copy of letters or order after the execution of such instrument of conveyance or encumbrance or contract shall have the same force and effect that it would have had if it had been filed for record with such county clerk and recorder prior to the execution of such instrument of conveyance or encumbrance or contract, whether such instrument of conveyance or encumbrance or contract was executed before or after April 17, 1941, and whether such certified copy or exemplified copy was so filed for record before or after said date.
C.R.S. § 38-42-101 — CO Code / Title 38 / Article 42 / Section 38-42-101
38-42-101. Lease with option to purchase, title requirements
Status: in_force

38-42-101. Lease with option to purchase, title requirements. Every oil and gas or mining lease containing any provision whereby the lessor grants and sells to the lessee therein a right or option, at any time during the term thereof or any extensions or renewals thereof, to purchase any part of the lessor's mineral or royalty interest in, on, or under the leased premises shall clearly state in the heading or title of the lease that such right or option is contained therein; but the customary provision contained in such leases permitting the lessee to purchase or sell the lessor's share of production and to account to lessor for the proceeds thereof shall not be deemed to be such a right or option.
C.R.S. § 38-38-404 — CO Code / Title 38 / Article 38 / Part 4 / Section 38-38-404
38-38-404. Replacement certificate issued in case of loss of original - repeal
Status: repealed

38-38-404. Replacement certificate issued in case of loss of original - repeal. (Repealed)
C.R.S. § 38-40-103 — CO Code / Title 38 / Article 40 / Section 38-40-103
38-40-103. Servicing of mortgages and deeds of trust - liability for interest or late fees
Status: in_force

38-40-103. Servicing of mortgages and deeds of trust - liability for interest or late fees for property taxes. (1) (a) (I) Any person who regularly engages in the collection of payments on mortgages and deeds of trust for owners of evidences of debt secured by mortgages or deeds of trust shall promptly credit all payments which are received and which are required to be accepted by such person or his agent and shall promptly perform all duties imposed by law and all duties imposed upon the servicer by such evidences of debt, mortgages, or deeds of trust creating or securing the indebtedness.

(II) No more than twenty days after the date of transfer of the servicing or collection rights and duties to another person, the transferor of such rights and duties shall mail a notice addressed to the debtor from whom it has been collecting payments at the address shown on its records, notifying such debtor of the transfer of the servicing of his or her debt and the name, address, and telephone number of the transferee of the servicing.

(b) The debtor may continue to make payments to the transferor of the servicing of his or her loan until a notice of the transfer is received from the transferee containing the name, address, and telephone number of the new servicer of the loan to whom future payments should be made. Such notice may be combined with the notice required in subparagraph (II) of paragraph (a) of this subsection (1). It shall be the responsibility of the transferor to forward to the transferee any payments received and due after the date of transfer of the loan.

(2) The servicer of a loan shall respond in writing within twenty days from the receipt of a written request from the debtor or from an agent of the debtor acting pursuant to written authority from the debtor for information concerning the debtor's loan, which is readily available to the servicer from its books and records and which would not constitute the rendering of legal advice. Any such response must include the telephone number of the servicer. The servicer shall not be liable for any damage or harm that might arise from the release of any information pursuant to this section.

(3) The servicer of a loan shall annually provide to the debtor a summary of activity related to the loan. Such a summary shall contain, but need not be limited to, the total amount of principal and interest paid on the loan in that calendar year.

(4) The servicer of a loan shall be liable for any interest or late fees charged by any taxing entity if funds for the full payment of taxes on the real estate have been held in an escrow account by such servicer and not remitted to the taxing entity when due.
C.R.S. § 38-13-902.1 — CO Code / Title 38 / Article 13 / Part 9 / Section 38-13-902.1
38-13-902.1. Claims offset for child support
Status: in_force

38-13-902.1. Claims offset for child support. (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 arrearages, child support costs, or child support when combined with maintenance. The administrator may enter into a memorandum of understanding with the department of human services to implement this section and section 26-13-118.5.

(2) (a) If a claimant owes current child support, child support debt, retroactive child support, child support arrearages, child support costs, or child support when combined with maintenance, and also owes restitution or fines, fees, costs, or surcharges as described in section 38-13-902.2, delinquent state taxes, penalties, or interest as described in section 38-13-902.3, or both, the unclaimed property offset against the current child support, child support debt, retroactive child support, child support arrearages, child support costs, or child support when combined with maintenance takes priority and shall be applied first.

(b) If a claimant owes both restitution or fines, fees, costs, or surcharges and delinquent state taxes, penalties, or interest, after payment in accordance with subsection (2)(a) of this section, if applicable, any remaining unclaimed property shall be applied first toward the payment of the outstanding restitution or fines, fees, costs, or surcharges and processed in accordance with section 38-13-902.2 and then applied to the payment of delinquent state taxes, penalties, or interest and processed in accordance with section 38-13-902.3.

(c) If a claimant owes restitution or fines, fees, costs, or surcharges or delinquent state taxes, penalties, or interest, after payment in accordance with subsection (2)(a) of this section, if applicable, any remaining unclaimed property shall be applied toward the payment of the outstanding restitution or fines, fees, costs, or surcharges and processed in accordance with section 38-13-902.2 or toward the delinquent state taxes, penalties, or interest and processed in accordance with section 38-13-902.3, whichever is applicable.
C.R.S. § 38-14-102 — CO Code / Title 38 / Article 14 / Section 38-14-102
38-14-102. Definitions
Status: in_force

38-14-102. Definitions. 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 purpose of collecting, cataloging, exhibiting, or archiving objects of educational, scientific, historical, or aesthetic interest and the collection of which is generally open to the public. The term includes, without limitation, historical societies, parks, monuments, and libraries.

(3) "Owner" and "lender" mean the actual owner of loaned property or his duly authorized agent, trustee, conservator, custodian, heir, or fiduciary, whether an individual, association, trust, partnership, corporation, or any similar organization capable of having an interest in property.

(4) "Property" means all tangible objects, animate and inanimate, collected or maintained by a museum for educational, historic, or exhibition purposes.
C.R.S. § 38-1-101.5 — CO Code / Title 38 / Article 1 / Part 1 / Section 38-1-101.5
38-1-101.5. Necessity of taking land for pipelines
Status: in_force

38-1-101.5. Necessity of taking land for pipelines. (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) To post a bond with the court equal to double the amount which the court determines to be the estimated cost of restoring the affected land to the same or as good a condition as it was in prior to the installation of the pipeline; except that the pipeline company may elect to deposit cash, negotiable bonds of the United States government or any political subdivision of this state, or negotiable certificates of deposit of any bank or other savings institution organized or transacting business in the United States equal to double such cost. Said bond shall not be released until the court is satisfied that the condemned land has been restored to the same or as good a condition as existed prior to the installation of the pipeline, and, if the affected land is productive agricultural land, that the soil which sustains the agricultural activity has been restored so as to provide for the continuation of such agricultural activity, and that any damages awarded by the court have been paid. If the condemned land is adjacent to or in proximity of the boundary of federal land of comparable use, such bond shall not be released until the company has restored the land to at least the same reclamation standards and meets such other standards and requirements for such federal land as required by the laws, rules, and regulations of the federal government.

(c) To consider existing utility rights-of-way before any new routes are taken if the land to be condemned is adjacent to existing utility rights-of-way.

(2) When land is condemned for a pipeline, the determination of the amount of compensation to be received by the landowner shall reflect consideration of the fact that the condemned land is to be restored as required in this section.
C.R.S. § 38-28-106 — CO Code / Title 38 / Article 28 / Section 38-28-106
38-28-106. Commissioners may divide land
Status: in_force

38-28-106. Commissioners may divide land. The commissioners appointed by the court, with the approval of the court, may divide any lands involved in such action into lots or parcels, streets, and alleys and file a map or plat thereof in compliance with law and applicable ordinances.
C.R.S. § 38-35-124 — CO Code / Title 38 / Article 35 / Part 1 / Section 38-35-124
38-35-124. Requirements upon satisfaction of indebtedness
Status: in_force

38-35-124. Requirements upon satisfaction of indebtedness. (1) Except as provided in articles 22 and 23 of this title or as otherwise provided in this section, when all indebtedness, whether absolute or contingent, secured by a lien on real property has been satisfied, unless the debtor requests in writing that the lien not be released, the creditor or holder of the indebtedness shall, within ninety days after the satisfaction of the indebtedness and receipt from the debtor of the reasonable costs of procuring and recording the release documents, record with the appropriate clerk and recorder the documents necessary to release or satisfy the lien of record or, in the case of an indebtedness secured by a deed of trust to a public trustee, file with the public trustee the documents required for a release as prescribed by section 38-39-102.

(2) If the debtor requests in writing that the lien be released, or fails to request in writing that the lien not be released, then the debtor's request or the actual release cancels any obligations on the part of the creditor or holder to make any further loan or advance that would be secured by the lien. If the person satisfying the indebtedness requests in writing delivery to him or her of the canceled instruments of indebtedness at the time of satisfaction, the creditor or holder is relieved of any further obligation or liability under this section after the delivery has been completed.

(3) Upon satisfaction of the indebtedness, the creditor or holder shall return to the person satisfying the indebtedness all papers and personal property of the debtor that have been held by the creditor or holder in connection with the indebtedness. A creditor or holder who fails to comply with this section is liable to the owner of the real property encumbered by such indebtedness and to any other person liable on such indebtedness for all actual economic loss incurred enforcing the rights provided under this section, including reasonable attorney fees and costs.

(4) (a) For indebtedness secured by a lien on real property where the ability of a debtor to draw upon a line of credit continues notwithstanding that all amounts outstanding under the line of credit have been paid in full, any lien on real property securing that line of credit continues, and no lien release under this section is required, until the line of credit expires and all indebtedness, whether absolute or contingent, has been satisfied unless, before expiration of the line of credit, all outstanding indebtedness is satisfied and the debtor relinquishes in writing all right to make any further draw upon the line of credit.

(b) The debtor relinquishes all right to make a further draw by either requesting in writing that the line of credit be closed by the creditor or by written notification by the debtor or debtor's designee that the real property is being conveyed upon payment of all indebtedness. Upon satisfaction of all indebtedness in connection with the conveyance of the real property and notice to the creditor or holder of the conveyance, the creditor or holder shall terminate the line of credit, record the release of the lien on real property, or in the case of a deed of trust, file with the public trustee the documents required for release, and return all papers and personal property as set forth in this section.
C.R.S. § 38-12-1107 — CO Code / Title 38 / Article 12 / Part 11 / Section 38-12-1107
38-12-1107. Registration information database
Status: in_force

38-12-1107. Registration information database. By February 1, 2020, the division shall create and maintain a database that includes all of the information collected under section 38-12-1106.