reglab/housing_qa huggingface dataset:
CO Code § 37-4-104 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 4 - Appraisal of Benefits|§ 37-4-104. Notice of Hearing on Land Excluded From or Taken Into District

 If the report of the board of appraisers includes recommendations that other lands be included in the district or that certain lands be excluded from the district, it is the duty of the clerk of the court before which the proceeding is pending, upon order of the court, to give notice to the owners of such property by publication (Schedule Form V) to be made as provided in articles 1 to 8 of this title for a hearing on the petition for the creation of the district. The time and place of the hearing shall be the same as provided for the hearing on appraisals, and upon such hearing the court shall make and enter such orders with respect to lands to be included in or excluded from the district as the facts and the provisions of articles 1 to 8 of this title require. As to the owners of property to be excluded from the district, it will be sufficient to notify them of that fact.   History. Source: L. 22: P. 34, § 28. C.L. § 9542. CSA: C. 138, § 153. CRS 53: § 30-4-4 . C.R.S. 1963: § 29-4-4 .    Cross references:   For Schedule Form V, see § 37-8-101 .
CO Code § 37-4-105 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 4 - Appraisal of Benefits|§ 37-4-105. Report of Appraisal Commissioners

  The board of appraisers shall prepare a tabulated report of its findings which shall be bound in book form and which shall be known as the conservancy appraisal record. Such record (Schedule Form VI) shall contain the names of the owners of property appraised as they appear on the tax rolls or from the records of the office of the county clerk and recorder, a description of the property appraised, the amount of benefits appraised, the amount of damages appraised, and the appraised value of land or other property which may be taken for the purposes of the district. The appraisers shall also report any other benefits or damages or any other matter which, in their opinion, should be brought to the attention of the court. No error in the names of the owners of property or in the descriptions thereof shall invalidate said appraisal or the levy of assessments or taxes based thereon, if sufficient description is given to identify such property.    When the report is completed, it shall be signed by at least a majority of the appraisers and deposited with the clerk of the court who shall file it in the original case. At the same time certified copies of that part of the report giving the appraisal of benefits and appraisals of land to be taken and of damages in any county other than that in which the original case is pending shall be made and filed with the county clerk and recorder of such county.     History. Source: L. 22: P. 35, § 29. C.L. § 9543. CSA: C. 138, § 154. CRS 53: § 30-4-5 . C.R.S. 1963: § 29-4-5 .    Cross references:   For Schedule Form VI, see § 37-8-101 .
CO Code § 37-4-106 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 4 - Appraisal of Benefits|§ 37-4-106. Notice of Hearing on Appraisals

  Upon the filing of the report of the appraisers, the clerk of the court in which the original cause is pending shall, upon order of the court, give notice thereof by publication (Schedule Form VII) in each county in the conservancy district. It shall not be necessary for said clerk to name the parties interested, nor to describe separate lots or tracts of land in giving said notice, but it shall be sufficient to give such descriptions as will enable the owner to determine whether or not his land is covered by such description.    Where lands in different counties are mentioned in said report, it shall not be necessary to publish in each county a description of all the lands in the district but only of that part of the said lands situate in the county in which publication is made.     History. Source: L. 22: P. 35, § 30. C.L. § 9544. CSA: C. 138, § 155. CRS 53: § 30-4-6 . C.R.S. 1963: § 29-4-6 .    Cross references:   For Schedule Form VII, see § 37-8-101 .
CO Code § 37-4-107 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 4 - Appraisal of Benefits|§ 37-4-107. Hearing on Appraisals

 Any property owner may accept the appraisals in his favor of benefits and of damages and of lands to be taken, as made by the appraisers, or may acquiesce in their failure to appraise damages in his favor, and shall be construed to have done so unless, within ten days after the last publication provided for in section 37-4-106 , he has filed exceptions to said report or to any appraisal of either benefits or of damages, or of the value of land to be taken. All exceptions shall be heard by the court beginning not less than twenty nor more than thirty days after the last publication provided for in section 37-4-106 and determined in advance of other business so as to carry out, liberally, the purposes and needs of the district. The court may, if it deems necessary, return the report to the board of appraisers for their further consideration and amendment and may enter its order to that effect. If, however, the appraisal roll as a whole is referred back to the appraisers, the court shall not resume the hearing thereon without new notice, as for an original hearing thereon. But the court may, without new notice, order the appraisers to revise and amend the roll when the order of the court specifies the changes to be made.   History. Source: L. 22: P. 36, § 31. C.L. § 9545. CSA: C. 138, § 156. CRS 53: § 30-4-7 . C.R.S. 1963: § 29-4-7 .    Cross references:   For requirements of publication, see § 37-1-102 (5) .
CO Code § 37-4-108 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 4 - Appraisal of Benefits|§ 37-4-108. Decree on Appraisals

 If it appears to the satisfaction of the court, after having heard and determined all said exceptions, that the estimated cost of constructing the improvements contemplated in the official plan is less than the benefits appraised, then the court shall approve and confirm said appraisers' report as so modified and amended, and such findings and appraisals shall be final and incontestable, except as provided in this article. In considering the appraisals made by the board of appraisers, the court shall take cognizance of the official plan and of the degree to which it is effective for the purposes of the district. In case the court finds that the estimated benefits appraised are less than the estimated total cost of the execution of the official plan, exclusive of interest on deferred payments, or that the official plan is not suited to the requirements of the district, it may at its discretion return said official plan to the directors of the district with an order directing them to prepare new or amended plans, or it may dissolve the district after having provided for the payment of all expenses theretofore incurred.   History. Source: L. 22: P. 36, § 32. C.L. § 9546. CSA: C. 138, § 157. CRS 53: § 30-4-8 . C.R.S. 1963: § 29-4-8 .
CO Code § 37-4-109 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 4 - Appraisal of Benefits|§ 37-4-109. Appeals From Awards

  Any person or public or private corporation desiring to appeal from an award of the appraisers as to compensation, damages, or benefits shall, within ten days from the judgment of the court confirming the report of the appraisers, file with the clerk of the court a written notice making demand for a jury trial. If the appeal is solely from an award as to benefits, the appellant shall, at the same time, file a bond with good and sufficient security to be approved by the clerk, in a sum not exceeding two hundred dollars, to the effect that if the verdict is not more favorable to appellant than the award of the appraisers, the appellant will pay the costs of the appeal. The appellant shall state definitely from what part of the order the appeal is taken. The appeal may be from the award of compensation, damages, or benefits, or one or more of them, but from no other part of the judgment of the court confirming the report of the appraisers.    In case more than one appeal is filed from the award as to compensation, damages, or benefits, the court may, upon a showing that the same may be consolidated without injury to the interest of anyone, consolidate and try the same together.    Upon demand for a jury trial to fix the amount of compensation for property proposed to be taken or damaged, the court shall order the board of directors at once to begin condemnation proceedings therefor in the district court of the county in which are situate the lands sought to be condemned, in the district court in and for such county, which suit shall be conducted in accordance with articles 1 to 7 of title 38, C.R.S., concerning the right of eminent domain, where a jury is demanded.    Upon demand for a jury trial to fix the assessment of benefits or the assessment of damages other than those incident to condemnation proceedings, the court shall order the board of directors to present a petition embodying the facts and the claims made in short form, which shall be filed in the court in which the original case is pending, whereupon a jury shall be empaneled according to law to try and determine the issue presented, as in condemnation proceedings.     History. Source: L. 22: P. 37, § 33. C.L. § 9547. CSA: C. 138, § 158. CRS 53: § 30-4-9 . C.R.S. 1963: § 29-4-9 .
CO Code § 37-4-110 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 4 - Appraisal of Benefits|§ 37-4-110. Entry After Deposit of Award

 No property shall be taken under articles 1 to 8 of this title until just compensation has been paid according to law. But where a trial by jury is demanded under section 37-4-109 , the board of directors may pay into court the amount allowed by the appraisers, with the costs, and thereupon the court shall make an order admitting the said district into possession of the property and thereupon the board of directors may enter into undisturbed possession of the property and rights involved. The right of entry provided by this section is a cumulative remedy and additional to the district's right of possession during the pendency of condemnation proceedings under the provisions of articles 1 to 7 of title 38, C.R.S.   History. Source: L. 22: P. 38, § 34. C.L. § 9548. CSA: C. 138, § 159. CRS 53: § 30-4-10 . C.R.S. 1963: § 29-4-10 .
CO Code § 37-4-111 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 4 - Appraisal of Benefits|§ 37-4-111. Filing Decree

  Upon the entry of the order of the court approving the report of the appraisers, as provided for in articles 1 to 8 of this title, the clerk of said court in which the same is entered shall transmit to the secretary of the district a certified copy of the said decree and of the appraisals as confirmed by the court, except those parts from which appeals have been perfected in accordance with section 37-4-109, but not determined.    When any proceeding to review a judgment of the district court, confirming the verdict of a jury, has been finally determined, the clerk of the court deciding the same shall certify the amount of each item of the judgment to the clerk of the court having the original case, who shall file the same therein and shall thereupon transmit certified copies of the same to the secretary of the district who shall thereupon complete the conservancy appraisal record.     History. Source: L. 22: P. 39, § 35. C.L. § 9549. CSA: C. 138, § 160. CRS 53: § 30-4-11 . C.R.S. 1963: § 29-4-11 .
CO Code § 37-4-112 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 4 - Appraisal of Benefits|§ 37-4-112. Appeals Shall Not Delay Proceedings

  No appeal from an award by the appraisers under articles 1 to 8 of this title shall be permitted to interrupt or delay any action or the prosecution of any work under articles 1 to 8 of this title, except where the appellant is entitled to a jury trial under the constitution of the state, and the district does not exercise the right of deposit provided by section 37-4-110, in which case only so much of the work shall be interrupted or delayed as would constitute a taking or damaging of the property of such appellant.    No proceeding to review a judgment of the district court entered under the provisions of articles 1 to 8 of this title shall be commenced after thirty days from the entry of the judgment sought to be reviewed.    The board of directors of any district organized under articles 1 to 8 of this title has the same right as property owners to invoke the jurisdiction of an appellate court of the state of Colorado to review any reviewable order of the district court made in any proceeding under said articles.    The failure to appeal from or seek a review of any order of the court in any proceeding under articles 1 to 8 of this title within the time specified in this section shall constitute a waiver of any irregularity in the proceedings, and the remedies provided for in said articles shall exclude all other remedies except as provided in this section.     History. Source: L. 22: P. 39, § 36. C.L. § 9550. CSA: C. 138, § 161. CRS 53: § 30-4-12 . C.R.S. 1963: § 29-4-12 .
CO Code § 37-4-114 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 4 - Appraisal of Benefits|§ 37-4-114. Lands Exempt and Later Liable to Assessment

 If any lands in any district organized under articles 1 to 8 of this title are not liable to assessment at the time of the execution of the work, but afterwards, during the period when such work is being paid for, become liable to assessment, such lands shall thereupon be appraised and assessed as other lands in said district receiving equal benefits.   History. Source: L. 22: P. 41, § 38. C.L. § 9552. CSA: C. 138, § 163. CRS 53: § 30-4-14 . C.R.S. 1963: § 29-4-14 .
CO Code § 37-4-115 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 4 - Appraisal of Benefits|§ 37-4-115. Subsequent Appraisals

 In case any property within or without any district is benefited, which for any reason was not appraised in the original proceedings, or was not appraised to the extent of benefits received, or in case any person or public corporation makes use of or profits by the works of any district organized under articles 1 to 8 of this title to a degree not compensated for in the original appraisal, or in case the directors of the district find it necessary subsequent to the time when the first appraisals are made to take or damage any additional property, the directors of said district, at any time such condition becomes evident, shall direct the board of appraisers to appraise the benefits or the enhanced benefits received by such property, or such damages or value of property taken, and the proceedings in articles 1 to 8 of this title for appraising lands not at first included within the boundaries of the district shall in all matters be conformed to, including notice to the parties; or the board may, at its discretion, make settlement with such person or public corporation for such use, benefit, damage, or property taken.   History. Source: L. 22: P. 41, § 39. C.L. § 9553. CSA: C. 138, § 164. CRS 53: § 30-4-15 . C.R.S. 1963: § 29-4-15 .
CO Code § 37-4-116 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 4 - Appraisal of Benefits|§ 37-4-116. Validation of Irregular Proceedings

  No fault in any notice or other proceeding shall affect the validity of any proceeding under articles 1 to 8 of this title except to the extent to which it can be shown that such fault resulted in a material denial of justice to the property owner complaining of such fault.    In case it is found upon a hearing that, by reason of some irregularity or defect in the proceedings, the appraisal has not been properly made, the court may, nevertheless, on having proof that expense has been incurred which is a proper charge against the property of the complainant, render a finding as to the amount of benefits to said property and appraise the proper benefits accordingly, subject to a claim for a jury as already provided, when the party is entitled thereto, and thereupon said land shall be assessed as other land equally benefited.    In the event that at any time, either before or after the issuance of bonds pursuant to the provisions of articles 1 to 8 of this title, the appraisal of benefits, either as a whole or in part, is declared by any court of competent jurisdiction to be invalid by reason of any defect or irregularity in the proceedings therefor, whether jurisdictional or otherwise, the said district court where the original case is pending is authorized, on the application of the board of directors of the said district, or on the application of any holder of any bonds which may have been issued pursuant hereto, promptly and without delay to remedy all defects or irregularities, as the case may require, by causing to be made in the manner provided in articles 1 to 8 of this title, a new appraisal of the amount of benefits against the whole or any part of the lands in the said district, as the case may require.     History. Source: L. 22: P. 42, § 40. C.L. § 9554. CSA: C. 138, § 165. CRS 53: § 30-4-16 . C.R.S. 1963: § 29-4-16 .
CO Code § 37-5-101 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 5 - Financial Administration|§ 37-5-101. Funds

  The moneys of every conservancy district organized under articles 1 to 8 of this title shall consist of the following separate funds:   “Preliminary funds” means the proceeds of the level rate assessment authorized by section 37-5-102.    “Construction fund” means the proceeds of levies made against the special benefits appraised, equalized, and confirmed under the provisions of articles 1 to 8 of this title.    “Maintenance fund” means the proceeds of a special assessment to be levied annually for the purpose of upkeep, administration, and current expenses as provided in said articles. Moneys received by the district from any other source shall be placed in any fund which the board of directors orders.       No vouchers shall be drawn against the preliminary fund or against the maintenance fund until an assessment levying resolution has been properly passed by the board of directors and duly entered upon its records. No bonds shall be issued against the construction fund until an assessment levying resolution has been properly passed by the board of directors and duly entered upon its records and until the property owners have been given an opportunity for a period of not less than sixty days to pay in cash the assessment so levied against their respective properties.     History. Source: L. 22: P. 43, § 41. C.L. § 9555. CSA: C. 138, § 166. CRS 53: § 30-5-1 . C.R.S. 1963: § 29-5-1 .    ANNOTATION   The assessment provisions of the conservancy district law held not to be in contravention of the due process clause of the federal and state constitutions. People ex rel. Setters v. Lee, 72 Colo. 598 , 213 P. 583 (1923).
CO Code § 37-5-103 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 5 - Financial Administration|§ 37-5-103. Power to Borrow Money for the Preliminary Fund

 In order to facilitate the preliminary work, the board of directors may borrow money at a net effective interest rate as determined by said board and, as evidence of the debt so contracted, may issue and sell or may issue to contractors or others negotiable evidences of debt, in this article called “warrants”, and may pledge, after it has been levied, the preliminary assessment of not exceeding one mill for the repayment thereof. If any warrant so issued by the board of directors is presented for payment and is not paid for want of funds in the treasury, that fact, with the date of presentation, shall be endorsed on the back of such warrant, which shall thereafter draw interest at the rate specified in the endorsement, not exceeding the net effective interest rate when issued, until such time as there is money on hand sufficient to pay the amount of said warrant with interest.   History. Source: L. 22: P. 45, § 43. C.L. § 9557. CSA: C. 138, § 168. CRS 53: § 30-5-3 . C.R.S. 1963: § 29-5-3 . L. 75: Entire section amended, p. 1363, § 1, effective June 29.
CO Code § 37-5-104.5 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 5 - Financial Administration|§ 37-5-104.5. Determination of Special Benefits - Factors Considered

  The term “benefit”, for the purposes of assessing a particular property within a conservancy district particularly with respect to regulating streamflow to control floods, includes, but is not limited to, the following:   Any increase in the market value of the property;    The provision for accepting the burden from specific dominant property for discharging surface water onto servient property in a manner or quantity greater than would naturally flow because the dominant owner made some of his property impermeable;    Any adaptability of property to a superior or more profitable use;    Any alleviation of health and sanitation hazards accruing to particular property or accruing to public property in the improvement district, if the provision of health and sanitation is paid for wholly or partially out of funds derived from taxation of property owners of the improvement district;    Any reduction in the maintenance costs of particular property or of public property in the improvement district, if the maintenance of the public property is paid for wholly or partially out of funds derived from taxation of property owners of the improvement district;    Any increase in convenience or reduction in inconvenience accruing to particular property owners, including the facilitation of access to and travel over streets, roads, and highways;    Recreational improvements accruing to particular property owners as a direct result of drainage improvement.        History. Source: L. 75: Entire section added, p. 998, § 4, effective July 1.
CO Code § 37-5-107 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 5 - Financial Administration|§ 37-5-107. Maintenance Fund

  To maintain, operate, and preserve the improvements made pursuant to articles 1 to 8 of this title, and to strengthen, repair, and restore the same when needed, and for the purpose of defraying the current expenses of the district, the board of directors may, upon the substantial completion of said improvements, or any unit thereof, and on or before the first Monday in November in each year thereafter, levy an assessment on each tract or parcel of land and upon public corporations, subject to assessments under articles 1 to 8 of this title, to be known as the ”maintenance fund assessment“. Said maintenance fund assessment shall be apportioned upon the basis of the total appraisal of benefits accruing for original and subsequent construction and shall not exceed one percent thereof in any one year, unless the court shall by its order authorize an assessment of a larger percentage.    Said assessment shall be levied by resolution of the board of directors, shall be enrolled in the ”maintenance fund assessment record“ provided for in this article (Schedule Form VIII, 2), shall be certified to the treasurers of the several counties in which lands so assessed are situated, and shall be collected by the treasurers of said counties and delivered to the treasurer of the district in like manner and with like effect provided for the enrollment, certification, collection, and return of other assessments set forth in said articles; except that no such maintenance assessment shall be payable in annual installments, but the whole assessment shall be due and payable as and when taxes for county purposes levied in the same year are due and payable.    The amount of the maintenance assessment paid by any parcel of land shall not be credited against the benefits appraised against such parcel of land; but the maintenance assessment shall be in addition to any assessment that has been or can be levied against the benefits so appraised.     History. Source: L. 22: P. 55, § 47. C.L. § 9561. CSA: C. 138, § 172. CRS 53: § 30-5-7 . C.R.S. 1963: § 29-5-7 .    Cross references:   For Schedule Form VIII, see § 37-8-101 .