reglab/housing_qa huggingface dataset:
CO Code § 37-92-501.5 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 92 - Water Right Determination and Administration|Part 5 - Regulation of Water - Violations|§ 37-92-501.5. Special Procedures With Respect to Plans for Augmentation

 Consistent with the decisions of the water judges establishing the basis for approval for plans for augmentation and for the administration of groundwater, the state engineer and division engineers shall exercise the broadest latitude possible in the administration of waters under their jurisdiction to encourage and develop augmentation plans and voluntary exchanges of water and may make such rules and regulations and shall take such other reasonable action as may be necessary in order to allow continuance of existing uses and to assure maximum beneficial utilization of the waters of this state. In so doing, the state engineer shall curtail all out-of-priority diversions, the depletions from which are not so replaced as to prevent injury to vested water rights.   History. Source: L. 77: Entire section added, p. 1704, § 5, effective June 19.    ANNOTATION   Law reviews. For article, ”Recent Developments in Colorado Groundwater Law“, see 58 Den. L.J. 801 (1981). For article, ”The Physical Solution in Western Water Law“, see 57 U. Colo. L. Rev. 445 (1986). For article, ”Water Banking: A New Tool For Water Management“, see 23 Colo. Law. 595 (1994).   Approval by water courts required. This section does not delegate to the state engineer independent authority to approve out-of-priority diversions and the replacement water used in augmentation plans. Simpson v. Bijou Irrigation Co., 69 P.3d 50 (Colo. 2003).
CO Code § 37-92-504 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 92 - Water Right Determination and Administration|Part 5 - Regulation of Water - Violations|§ 37-92-504. Treble Damages

 Any person who is damaged in his business or property by reason of the violation of an order issued pursuant to section 37-92-502 , the violation of which has been properly enjoined pursuant to section 37-92-503 , may bring an action against any person who has violated said order in any district court of competent jurisdiction and recover threefold the damages sustained and the cost of suit, including reasonable attorney fees.   History. Source: L. 69: P. 1218, § 1. C.R.S. 1963: § 148-21-37. History. Source: L. 69: P. 1218, § 1. C.R.S. 1963: § 148-21-37.
CO Code § 38-1-101.5 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 1 - Proceedings|Part 1 - Proceedings - Requirements and Limitations - Determination of Just Compensation|§ 38-1-101.5. Necessity of Taking Land for Pipelines

  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:   To show that the particular land lies within a route which is the most direct route practicable;    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.    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.       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.     History. Source: L. 83: Entire section added, p. 1444, § 1, effective June 3. L. 84: (1)(b) amended, p. 974, § 1, effective April 12.    ANNOTATION   Trial court did not abuse its discretion in excluding evidence relating to safety issues. Landowners failed to cite any authority that supports the proposition that a court must consider safety issues in pipeline condemnation cases. Sinclair Transp. Co. v. Sandberg, 228 P.3d 198 (Colo. App. 2009), rev'd on other grounds sub nom. Larson v. Sinclair Transp. Co., 2012 CO 36, 284 P.3d 42.
CO Code § 38-1-101.7 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 1 - Proceedings|Part 1 - Proceedings - Requirements and Limitations - Determination of Just Compensation|§ 38-1-101.7. Limitations on the Use of Right-of-Way

  No easement or right-of-way for pipelines shall be used by the owner thereof or employees of such owner for any purpose other than to construct, lay, install, replace, operate, inspect, maintain, repair, renew, substitute, monitor, change the size of, and remove certain facilities placed within the easement by such owner.    The owner of an easement or right-of-way shall mitigate any erosion of the land within the easement or right-of-way caused by the owner of such easement.     History. Source: L. 84: Entire section added, p. 975, § 2, effective April 12.
CO Code § 38-1-108 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 1 - Proceedings|Part 1 - Proceedings - Requirements and Limitations - Determination of Just Compensation|§ 38-1-108. Order of Possession

 The court, upon such verdict, shall proceed to adjudge and make such order as to right and justice shall pertain, ordering that the petitioner enter upon such property and the use of the same, upon payment of full compensation as ascertained. Such order with evidence of such payment shall constitute complete justification of the taking of such property.   History. Source: G.L. § 1068. G.S. C. § 247. R.S. 08: § 2425. C.L. § 6321. CSA: C. 61, § 11. CRS 53: § 50-1-11. C.R.S. 1963: § 50-1-11. History. Source: G.L. § 1068. G.S. C. § 247. R.S. 08: § 2425. C.L. § 6321. CSA: C. 61, § 11. CRS 53: § 50-1-11. C.R.S. 1963: § 50-1-11.    ANNOTATION   Judgment construed. A judgment is the sentence of the law pronounced by a court of competent jurisdiction as the result of proceedings instituted, and it is a judicial act; to be valid it must be pronounced by the court at a time and place appointed by law, and in the form the court requires. City of Aurora v. Powell, 153 Colo. 4 , 383 P.2d 798 (1963).   Jury's findings do not constitute judgment. The findings of a jury as to compensation in a condemnation proceeding do not constitute a judgment, the verdict not being a judicial determination but a finding of fact which the court may accept, reject, or utilize in formulating a judgment. City of Aurora v. Powell, 153 Colo. 4 , 383 P.2d 798 (1963).   Findings of court do not constitute judgment, and a statement that a judgment was rendered cannot supply the place of the judgment itself. City of Aurora v. Powell, 153 Colo. 4 , 383 P.2d 798 (1963).   Verdict itself is not judicial determination of fact, and it is without virtue until judgment has been rendered upon it. City of Aurora v. Powell, 153 Colo. 4 , 383 P.2d 798 (1963).   Property disposition in trial court's discretion. The trial court has a discretion in determining whether immediate possession of property shall be given to the condemnor in eminent domain proceedings. Vivian v. Bd. of Trustees, 152 Colo. 556 , 383 P.2d 801 (1963).   Order for temporary possession is interlocutory. Town of Glendale v. City & County of Denver, 137 Colo. 188 , 322 P.2d 1053 (1958).   Review must be by original proceedings. Because an order for temporary possession in a condemnation proceeding is interlocutory, any review must be by an original proceeding. Larson v. Chase Pipe Line Co., 183 Colo. 76 , 514 P.2d 1316 (1973).   Relief from interlocutory order by certiorari. The proper proceeding for relief from an interlocutory order in eminent domain actions is by certiorari when directed to an endangered fundamentally substantive and substantial right. Town of Glendale v. City & County of Denver, 137 Colo. 188 , 322 P.2d 1053 (1958).   Writ of error is improper procedure to review an interlocutory order of a district court granting immediate possession in eminent domain. Town of Glendale v. City & County of Denver, 137 Colo. 188 , 322 P.2d 1053 (1958).
CO Code § 38-1-110 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 1 - Proceedings|Part 1 - Proceedings - Requirements and Limitations - Determination of Just Compensation|§ 38-1-110. Appellate Review

 In all cases, upon final determination thereof in the district court, the judgment is subject to appellate review as provided by law and the Colorado appellate rules.   History. Source: G.L. § 1070. G.S. C. § 249. R.S. 08: § 2427. C.L. § 6323. CSA: C. 61, § 13. CRS 53: § 50-1-13. C.R.S. 1963: § 50-1-13. L. 64: P. 266, § 156. History. Source: G.L. § 1070. G.S. C. § 249. R.S. 08: § 2427. C.L. § 6323. CSA: C. 61, § 13. CRS 53: § 50-1-13. C.R.S. 1963: § 50-1-13. L. 64: P. 266, § 156.    ANNOTATION   Principal object of condemnation proceedings is to ascertain the price which a petitioner must pay for the land which he desires to acquire, and, until that determination is made by a board or jury and the same has been approved by a court, it cannot be said that the rights of the parties have become fixed or determined. Burlington & C.R.R. v. Colo. E.R.R., 45 Colo. 222 , 100 P. 607 (1909); Town of Glendale v. City & County of Denver, 137 Colo. 188 , 322 P.2d 1053 (1958).   Supreme court cannot take original jurisdiction of condemnation proceedings. Denver & N.O.R.R. v. Lamborn, 9 Colo. 119 , 10 P. 797 (1886).   This section discourages review of cause piecemeal. Burlington & C.R.R. v. Colo. E.R.R., 45 Colo. 222 , 100 P. 607 (1909).   Review is allowed only upon final determination of proceedings. See Burlington & C.R.R. v. Colo. E.R.R., 45 Colo. 222 , 100 P. 607 (1909).   A judgment which settles the rights of respective parties is a final judgment reviewable by the appellate court. Denver Power & Irrigation Co. v. Denver & R.G.R.R., 30 Colo. 204 , 69 P. 568 (1902).   When commissioners filed with the clerk their certificate of ascertainment and assessment, and the court or judge denied the motion of petitioner or respondent, as the case may be, to vacate and set aside the same, there is such a final determination as entitles him to an appeal. Benninghoff v. Town of Palisade, 48 Colo. 64 , 108 P. 983 (1910).   Interlocutory order not reviewable. The order of the trial court which determines that the petitioner has the power to condemn is not final, but merely interlocutory, from which an appeal, and to which a writ of error, do not lie. Burlington & C.R.R. v. Colo. & E.R.R., 45 Colo. 222 , 100 P. 607 (1909); First Nat'l Bank v. Minnesota Mines, 109 Colo. 6 , 121 P.2d 488, cert. denied, 316 U.S. 687, 62 S. Ct. 1277, 86 L. Ed. 1759 (1942); Town of Glendale v. City & County of Denver, 137 Colo. 188 , 322 P.2d 1053 (1958).   Intervenor has right to appeal final judgment affecting it adversely once intervention has been properly granted. Bd. of County Comm'rs v. Anderson, 34 Colo. App. 37, 525 P.2d 478 (1974), aff'd, 188 Colo. 337 , 534 P.2d 1201 (1975).   Applied in Order of Friars Minor of Province of Most Holy Name v. Denver Urban Renewal Auth., 186 Colo. 367 , 527 P.2d 804 (1974).
CO Code § 38-1-112 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 1 - Proceedings|Part 1 - Proceedings - Requirements and Limitations - Determination of Just Compensation|§ 38-1-112. Payment to Clerk or Owner

 Payment of compensation adjudged may in all cases be made to the court or the clerk thereof, who shall on demand pay the same to the party entitled thereto, taking receipt therefor. Payment may be made to the party entitled thereto or to his conservator or guardian.   History. Source: G.L. § 1072. G.S. C. § 251. R.S. 08: § 2429. C.L. § 6325. CSA: C. 61, § 15. CRS 53: § 50-1-15. C.R.S. 1963: § 50-1-15. History. Source: G.L. § 1072. G.S. C. § 251. R.S. 08: § 2429. C.L. § 6325. CSA: C. 61, § 15. CRS 53: § 50-1-15. C.R.S. 1963: § 50-1-15.    ANNOTATION   Claimant's rights unaffected by change in form of res. When the condemnor pays the amount of the award for the condemned property into the registry of the court, the change of the form of the res from property to money does not affect the relative rights of the owner and other claimants in the res. Southworth v. Dept. of Hwys., 176 Colo. 82 , 489 P.2d 204 (1971).   Payment of award into court discharges further tax obligation. Where the state highway department paid into court the amount of an award in condemnation proceedings, it discharged its obligation and was relieved of further responsibility for an unpaid city tax lien assessed for the creation of a local public improvement district. Southworth v. Dept. of Hwys., 176 Colo. 82 , 489 P.2d 204 (1971).
CO Code § 38-1-113 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 1 - Proceedings|Part 1 - Proceedings - Requirements and Limitations - Determination of Just Compensation|§ 38-1-113. Verdict Recorded

 The court shall cause the verdict of the jury and the judgment of said court to be entered upon the records of said court.   History. Source: G.L. § 1073. G.S. C. § 252. R.S. 08: § 2430. C.L. § 6326. CSA: C. 61, § 16. CRS 53: § 50-1-16. C.R.S. 1963: § 50-1-16. History. Source: G.L. § 1073. G.S. C. § 252. R.S. 08: § 2430. C.L. § 6326. CSA: C. 61, § 16. CRS 53: § 50-1-16. C.R.S. 1963: § 50-1-16.
CO Code § 38-1-117 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 1 - Proceedings|Part 1 - Proceedings - Requirements and Limitations - Determination of Just Compensation|§ 38-1-117. Condemnation of Personal Property

 Whenever a petitioner is specifically authorized by law to acquire personal property or interests therein by condemnation, the proceedings to acquire the same shall be governed by this article, and the petitioner shall acquire such interest therein as may be sought and specifically described in the petition in condemnation.   History. Source: L. 66: P. 31, § 5. C.R.S. 1963: § 50-1-22. History. Source: L. 66: P. 31, § 5. C.R.S. 1963: § 50-1-22.
CO Code § 38-1-119 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 1 - Proceedings|Part 1 - Proceedings - Requirements and Limitations - Determination of Just Compensation|§ 38-1-119. Preference on Docket

 To assure that property owners receive compensation for the taking of their property at the earliest practical time and to reduce the interest obligation of petitioners, all courts wherein such actions are pending shall give such actions preference over other civil actions therein in the manner of setting the same for trial.   History. Source: L. 61: P. 375, § 7. CRS 53: § 50-1-21. C.R.S. 1963: § 50-1-20. History. Source: L. 61: P. 375, § 7. CRS 53: § 50-1-21. C.R.S. 1963: § 50-1-20.
CO Code § 38-1-120 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 1 - Proceedings|Part 1 - Proceedings - Requirements and Limitations - Determination of Just Compensation|§ 38-1-120. Acquisition of State Lands - Department of Natural Resources

 All proceedings brought by the department of natural resources pursuant to the provisions of section 24-33-107 (3)(a) , C.R.S., for the acquisition of interests in state lands under the jurisdiction of the state board of land commissioners shall be as prescribed by this article.   History. Source: L. 73: P. 178, § 2. C.R.S. 1963: § 50-1-23. History. Source: L. 73: P. 178, § 2. C.R.S. 1963: § 50-1-23.    Cross references:   For state board of land commissioners acquiring land by eminent domain, see § 24-33-107 (3)(a) .
CO Code § 38-6-102 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 1 - Condemnation of Property|§ 38-6-102. Petition

 The attorney for said city or city and county, in the name of such city or city and county, shall apply to the district court of the district in which said city or city and county is situated, by petition, which petition shall state the general nature of the improvement proposed to be established or made, a correct description of the property required, and the name of the owner of said property as shown on the records of the county clerk and recorder of the county or city and county in which said property is situated. Said petition shall pray for the appointment of three disinterested commissioners, freeholders of real estate in and residents of said city or city and county, to appraise and award the damages which said owner may sustain by reason of the appropriation and condemnation of such property by the city or city and county and to perform such other duties as are in this part 1 enumerated.   History. Source: L. 11: P. 374, § 2. C.L. § 9077. CSA: C. 163, § 120. CRS 53: § 50-6-2. C.R.S. 1963: § 50-6-2. L. 76: Entire section amended, p. 312, § 61, effective May 20. History. Source: L. 11: P. 374, § 2. C.L. § 9077. CSA: C. 163, § 120. CRS 53: § 50-6-2. C.R.S. 1963: § 50-6-2. L. 76: Entire section amended, p. 312, § 61, effective May 20.    ANNOTATION   Law reviews. For article, “Inverse Condemnation -- A Viable Alternative”, see 51 Den. L.J. 529 (1974). For comment, “Water: Statewide or Local Concern? City of Thornton v. Farmers Reservoir & Irrigation Co., 194 Colo. 526 , 575 P.2d 382 (1978)”, see 56 Den. L. J. 625 (1979).   Applied in Wassenich v. City & County of Denver, 67 Colo. 456 , 186 P. 533 (1919); Toll v. City & County of Denver, 139 Colo. 462 , 340 P.2d 862 (1959).
CO Code § 38-6-103 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 1 - Condemnation of Property|§ 38-6-103. Defendants - Guardian Ad Litem

 The owners of all property sought to be condemned for the proposed improvement shall be made parties defendant. It shall not be necessary to make any person a defendant unless such person has some title thereto of record in the office of the county clerk and recorder of the county or city and county in which said property is situated. If the proceeding seeks to affect land owned by an infant or a mentally incompetent person, the legal guardian or conservator of such person shall be made a party defendant. If such person has no legal guardian, the district court shall have the power to appoint a guardian ad litem to represent such person.   History. Source: L. 11: P. 374, § 3. C.L. § 9078. CSA: C. 163, § 121. CRS 53: § 50-6-3. C.R.S. 1963: § 50-6-3. L. 75: Entire section amended, p. 932, § 53, effective July 1. History. Source: L. 11: P. 374, § 3. C.L. § 9078. CSA: C. 163, § 121. CRS 53: § 50-6-3. C.R.S. 1963: § 50-6-3. L. 75: Entire section amended, p. 932, § 53, effective July 1.
CO Code § 38-6-104 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 1 - Condemnation of Property|§ 38-6-104. Judge to Set Hearing - Summons - Service - Publication

 Upon the filing of the petition, said court shall fix a date for hearing said petition, and the attorney for the petitioner shall prepare and issue a summons, directed to the defendants, notifying them of the date fixed by the court for the hearing. Jurisdiction of said defendants shall be obtained by causing the summons to be served on the defendants in like manner as is provided by the laws of this state for the service of summons in civil actions, except as otherwise provided in this section. The date for the hearing of the petition shall not be less than ten days after the date of the service of the summons. In case any defendant does not reside in said city or city and county or is a foreign corporation or in case the attorney for the petitioner files an affidavit that he has endeavored to find such person in such city or city and county, for the purpose of causing the person to be served, and that after reasonable effort he has been unable to find said person in said city or city and county, the petitioner may cause the summons to be published for three consecutive times in any daily or weekly newspaper published in said city or city and county. The date for the hearing of said petition shall not be less than ten days after the date of the last publication of said summons.   History. Source: L. 11: P. 374, § 4. C.L. § 9079. CSA: C. 163, § 122. CRS 53: § 50-6-4. C.R.S. 1963: § 50-6-4. History. Source: L. 11: P. 374, § 4. C.L. § 9079. CSA: C. 163, § 122. CRS 53: § 50-6-4. C.R.S. 1963: § 50-6-4.