reglab/housing_qa huggingface dataset:
CO Code § 38-6-105 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 1 - Condemnation of Property|§ 38-6-105. Answer - Hearing - Commissioners

 Any defendant has the right to appear in the proceeding and file an answer, in writing, with the clerk of the court, at any time prior to the date fixed for the hearing of the petition but not thereafter, in which answer said defendant shall set forth such legal objections as he may have to the condemnation or appropriation of any property owned by him or to the prosecution of said proceeding. At the time set for the hearing of said petition or such time to which the hearing may have been continued by the court, the court shall proceed to hear any objections raised by the answer, if any there be. The court has no power to inquire into the necessity of exercising the power of eminent domain for the purpose proposed, nor into the necessity of making the proposed improvement, nor into the necessity of taking the particular property described in the petition. If the court finds that the petitioner has the right to prosecute said proceeding and such objections as may have been filed are overruled, the court shall appoint three disinterested commissioners in condemnation, freeholders of real estate in said city or city and county and residents thereof, who shall have the powers and duties provided in this part 1. No person shall be disqualified to act as a commissioner by reason of the fact that he may own either the fee or other interest in or to property that might be assessed a special benefit on account of the proposed improvement.   History. Source: L. 11: P. 375, § 5. C.L. § 9080. CSA: C. 163, § 123. CRS 53: § 50-6-5. C.R.S. 1963: § 50-6-5. L. 76: Entire section amended, p. 312, § 62, effective May 20. History. Source: L. 11: P. 375, § 5. C.L. § 9080. CSA: C. 163, § 123. CRS 53: § 50-6-5. C.R.S. 1963: § 50-6-5. L. 76: Entire section amended, p. 312, § 62, effective May 20.    ANNOTATION   Law reviews. For comment discussing church condemnation, see 46 U. Colo. L. Rev. 43 (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).   Questions for court to determine in limine. Whether or not the petitioner belongs to the class of persons entitled to condemn; whether or not the property sought to be taken belongs to the class of property that is subject to condemnation; whether or not the purpose for which the property is sought to be taken is one for which condemnation is permitted; whether or not the petitioner and the owner have been able to come to an agreement concerning a purchase of the land; and whether or not the act authorizing the proceeding is constitutional -- these and similar questions, when raised, are for the court to determine in limine. Wassenich v. City & County of Denver, 67 Colo. 456 , 186 P. 533 (1919); Dunham v. City of Golden, 31 Colo. App. 433, 504 P.2d 360 (1972).   Applied in People ex rel. Bear Creek Dev. Corp. v. District Court, 78 Colo. 526 , 242 P. 997 (1925).
CO Code § 38-6-106 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 1 - Condemnation of Property|§ 38-6-106. Commissioners - Oaths - Hearing

 The commissioners, before entering upon the duties of their office, shall take an oath to faithfully, promptly, and impartially discharge their duties as such commissioners. Any commissioner may administer oaths to witnesses produced before him. The commissioners may issue subpoenas and compel witnesses to attend and testify, may adjourn and hold meetings, and shall hear such proofs as may be presented to them.   History. Source: L. 11: P. 375, § 6. C.L. § 9081. CSA: C. 163, § 124. CRS 53: § 50-6-6. C.R.S. 1963: § 50-6-6. History. Source: L. 11: P. 375, § 6. C.L. § 9081. CSA: C. 163, § 124. CRS 53: § 50-6-6. C.R.S. 1963: § 50-6-6.
CO Code § 38-6-108 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 1 - Condemnation of Property|§ 38-6-108. Commissioners' Report

 The commissioners shall make, subscribe, and file with the clerk of the court in which such proceedings are had a report of their awards and assessments, in which all property assessed shall be described with convenient certainty and accuracy. In said report, the awards and damages allowed to each owner and the benefits assessed against each parcel of land shall be separately stated.   History. Source: L. 11: P. 376, § 8. C.L. § 9083. CSA: C. 163, § 126. CRS 53: § 50-6-8. C.R.S. 1963: § 50-6-8. History. Source: L. 11: P. 376, § 8. C.L. § 9083. CSA: C. 163, § 126. CRS 53: § 50-6-8. C.R.S. 1963: § 50-6-8.
CO Code § 38-6-109 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 1 - Condemnation of Property|§ 38-6-109. Cost Assessed Against Block

 In all cases where the proposed improvement is the opening, widening, establishing, or extension of a public alley, the cost thereof shall be assessed against the property in the particular block in which said alley is situated, according to the benefits to be received therefrom, and against none other.   History. Source: L. 11: P. 376, § 9. C.L. § 9084. CSA: C. 163, § 127. CRS 53: § 50-6-9. C.R.S. 1963: § 50-6-9. History. Source: L. 11: P. 376, § 9. C.L. § 9084. CSA: C. 163, § 127. CRS 53: § 50-6-9. C.R.S. 1963: § 50-6-9.    ANNOTATION   Applied in Phipps v. City & County of Denver, 57 Colo. 205 , 140 P. 797 (1914).
CO Code § 38-6-110 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 1 - Condemnation of Property|§ 38-6-110. Property Need Not Be in City Limits

 In all proceedings under this part 1, the petitioner has the right to take or condemn separate parcels of land. Such parcels of land need not be adjoining or contiguous to each other. In all cases where a proceeding is brought to condemn, appropriate, or acquire land for boulevard, parkway, or park purposes, such land or any part thereof may be situated beyond or without the corporate limits of said city or city and county, subject to the limitation imposed by section 31-25-201 (1) , C.R.S.   History. Source: L. 11: P. 377, § 10. C.L. § 9085. CSA: C. 163, § 128. CRS 53: § 50-6-10. C.R.S. 1963: § 50-6-10. L. 76: Entire section amended, p. 313, § 63, effective May 20. L. 83: Entire section amended, p. 1266, § 4, effective July 1. History. Source: L. 11: P. 377, § 10. C.L. § 9085. CSA: C. 163, § 128. CRS 53: § 50-6-10. C.R.S. 1963: § 50-6-10. L. 76: Entire section amended, p. 313, § 63, effective May 20. L. 83: Entire section amended, p. 1266, § 4, effective July 1.    Cross references:   For the legislative declaration in the 1983 act amending this section, see section 1 of chapter 367, Session Laws of Colorado 1983.
CO Code § 38-6-111 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 1 - Condemnation of Property|§ 38-6-111. Hearing - Notice - Publication

 After the report of said commissioners is filed with the clerk of the court, the court shall fix a time for the consideration of said report, and the petitioner shall give written notice to the defendants and all other persons who are the owners of record of property mentioned in said report, whether damaged, appropriated, condemned, or assessed special benefits, of the matters contained in said report and of the time so fixed by the court for the consideration thereof. The notice shall be served 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. Said persons shall be served at least ten days before the time fixed for the consideration of the report by the court. In case any defendant or owner of record of any property damaged, appropriated, condemned, or assessed special benefits does not reside in said city or city and county or is a foreign corporation or in case the attorney for said petitioner files an affidavit that he has endeavored to find such person in said city or city and county, for the purpose of causing said person to be notified, and that after reasonable effort he has been unable to find said person in said city or city and county, the petitioner may cause to be published a notice, of the matters affecting such person contained in said report and of the time fixed for the consideration thereof, for three successive times in some daily or weekly newspaper published in said city or city and county. Said publication shall be in lieu of personal service of said notice on all such persons.   History. Source: L. 11: P. 377, § 11. C.L. § 9086. CSA: C. 163, § 129. CRS 53: § 50-6-11. C.R.S. 1963: § 50-6-11. History. Source: L. 11: P. 377, § 11. C.L. § 9086. CSA: C. 163, § 129. CRS 53: § 50-6-11. C.R.S. 1963: § 50-6-11.    Cross references:   For publication of legal notices, see part 1 of article 70 of title 24.   ANNOTATION   Applied in Wassenich v. City & County of Denver, 67 Colo. 456 , 186 P. 533 (1919).
CO Code § 38-6-112 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 1 - Condemnation of Property|§ 38-6-112. Objections - Default - Burden of Proof - Findings - Reappraisement

 Any person who is the owner of, or who has any interest in, any of the property mentioned in said report, whether appropriated or damaged or against which special benefits have been assessed, may appear, at or before the time fixed by the court for the consideration of said report but not after said time, and file his written objection to said report. Default shall be entered against the owners of all property mentioned in said report who have not filed objections thereto within said time, and the report shall be confirmed by the court as to such persons. At the time fixed by the court for the consideration of said report, the court shall proceed to hear any objections that have been filed, except where a jury trial has been demanded, as provided for in section 38-6-113 . Any party interested in said proceeding may introduce such evidence as may tend to establish the right of the matter. The burden of proof to change any finding, award, or assessment of said commissioners shall be upon the person objecting thereto. If it appears to the court that the property of the objector has been appraised by the commissioners at more or less than the fair, actual cash market value thereof, or that the fair, direct, and actual damage to property not taken is greater or less than the amount awarded by the commissioners, or that the property of the objector is assessed a special benefit in an amount greater than it will be actually benefited by the proposed improvement, the court shall so find and shall also find what the proper award or assessment shall be, and judgment shall be rendered accordingly. The court, for good cause shown, may modify, alter, change, annul, or confirm the report of the commissioners, or any part thereof, or may order a new appraisement and assessment as to any of the property affected in the proceeding by the same commissioners or by other commissioners appointed by the court.   History. Source: L. 11: P. 378, § 12. C.L. § 9087. CSA: C. 163, § 130. CRS 53: § 50-6-12. C.R.S. 1963: § 50-6-12. History. Source: L. 11: P. 378, § 12. C.L. § 9087. CSA: C. 163, § 130. CRS 53: § 50-6-12. C.R.S. 1963: § 50-6-12.    ANNOTATION   Applied in Phipps v. City & County of Denver, 57 Colo. 205 , 140 P. 797 (1914); City & County of Denver v. Lathan, 57 Colo. 371 , 141 P. 462 (1914).
CO Code § 38-6-114 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 1 - Condemnation of Property|§ 38-6-114. Costs - Compensation

 The cost of the proceedings shall be paid by the city or city and county. The commissioners shall be allowed a reasonable compensation for their services and expenses, the amount of which shall be fixed by the court.   History. Source: L. 11: P. 379, § 14. C.L. § 9089. CSA: C. 163, § 132. CRS 53: § 50-6-14. C.R.S. 1963: § 50-6-14. History. Source: L. 11: P. 379, § 14. C.L. § 9089. CSA: C. 163, § 132. CRS 53: § 50-6-14. C.R.S. 1963: § 50-6-14.    ANNOTATION   Applied in Moffat v. City & County of Denver, 57 Colo. 473 , 143 P. 577 (1914); Wassenich v. City & County of Denver, 67 Colo. 456 , 186 P. 533 (1919).
CO Code § 38-6-115 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 1 - Condemnation of Property|§ 38-6-115. Amendments - New Parties - Notice

 Amendment to the petition or to any paper or record in the proceedings shall be permitted by the court whenever necessary to a fair hearing and final determination of the questions involved. Should it become necessary at any stage of the proceedings to bring in a new party, the court has the power to make such rule or order in relation thereto as may be deemed reasonable and proper. The court also has the power to make all necessary rules and orders for notice to persons of the pendency of the proceedings.   History. Source: L. 11: P. 380, § 15. C.L. § 9090. CSA: C. 163, § 133. CRS 53: § 50-6-15. C.R.S. 1963: § 50-6-15. History. Source: L. 11: P. 380, § 15. C.L. § 9090. CSA: C. 163, § 133. CRS 53: § 50-6-15. C.R.S. 1963: § 50-6-15.
CO Code § 38-6-116 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 1 - Condemnation of Property|§ 38-6-116. Decree - Copy to City Clerk - Payments - Collection of Assessments

 After the trial hearings and determination of all objections to said report, the court shall make its judgment and decree, granting the petitioner such title to the property condemned as may be petitioned for and the right to enter upon the same, upon payment of the compensation ascertained. The decree shall describe each parcel of 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 clerk of the city or city and county. Unless other provision is made in the charter of said city or city and county for the payment of said awards, the council, within ninety days after the date of said decree, shall make, by ordinance, the necessary appropriation for the payment of the compensation for the property condemned. The proper officers of said city or city and county shall thereupon issue the warrants of said city or city and county to the respective parties entitled thereto. The council, by ordinance, shall also provide for the collection of such special assessments as have been confirmed by the final decree of the court.   History. Source: L. 11: P. 380, § 16. C.L. § 9091. CSA: C. 163, § 134. CRS 53: § 50-6-16. C.R.S. 1963: § 50-6-16. History. Source: L. 11: P. 380, § 16. C.L. § 9091. CSA: C. 163, § 134. CRS 53: § 50-6-16. C.R.S. 1963: § 50-6-16.    ANNOTATION   This section is mandatory. Heimbecher v. City & County of Denver, 97 Colo. 465 , 50 P.2d 785 (1935).   Applied in Wassenich v. City & County of Denver, 67 Colo. 456 , 186 P. 533 (1919).
CO Code § 38-6-117 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 1 - Condemnation of Property|§ 38-6-117. City May Dismiss Proceedings

 The attorney for the city or city and county commencing the proceedings has the right to withdraw said proceedings or to dismiss the same as to one or more of said defendants or as to one or more parcels of land, without prejudice, at any stage of the proceedings, and the petitioner shall pay the costs thereof.   History. Source: L. 11: P. 380, § 17. C.L. § 9092. CSA: C. 163, § 135. CRS 53: § 50-6-17. C.R.S. 1963: § 50-6-17. History. Source: L. 11: P. 380, § 17. C.L. § 9092. CSA: C. 163, § 135. CRS 53: § 50-6-17. C.R.S. 1963: § 50-6-17.    ANNOTATION   Meaning of this section and § 38-6-116 . This section and § 38-6-116 when read in conjunction with each other mean that the proceedings mentioned in this section come to an end at the expiration of 90 days, as specified in § 38-6-116. Heimbecher v. City & County of Denver, 97 Colo. 465 , 50 P.2d 785 (1935).   Applied in Fifteenth Street Inv. Co. v. City & County of Denver, 59 Colo. 189 , 147 P. 677 (1915); Post Printing & Publ'g Co. v. City & County of Denver, 68 Colo. 50 , 189 P. 39 (1920).
CO Code § 38-6-118 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 1 - Condemnation of Property|§ 38-6-118. Ownership in Controversy - Award

 If the ownership of any property condemned or damaged is in controversy, the amount awarded in payment of said property or the damage thereto shall be paid into the registry of said court for the use of the successful claimants of said property as their respective interests appear to the court. All disputes as to ownership of property taken or damaged shall be tried to the court.   History. Source: L. 11: P. 381, § 18. C.L. § 9093. CSA: C. 163, § 136. CRS 53: § 50-6-18. C.R.S. 1963: § 50-6-18. History. Source: L. 11: P. 381, § 18. C.L. § 9093. CSA: C. 163, § 136. CRS 53: § 50-6-18. C.R.S. 1963: § 50-6-18.    ANNOTATION   Applied in Wassenich v. City & County of Denver, 67 Colo. 456 , 186 P. 533 (1919).
CO Code § 38-6-119 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 1 - Condemnation of Property|§ 38-6-119. Possession - Award Paid

 As soon as the amounts awarded for property taken or in payment of damages have been tendered to the parties entitled thereto, respectively, or deposited in the registry of said court for the use of the respective persons entitled to said amounts, the city or city and county may have possession of said premises and may proceed with the proposed improvement. When any controversy concerning ownership has been determined, the clerk of said court shall pay the amounts awarded to said parties.   History. Source: L. 11: P. 381, § 19. C.L. § 9094. CSA: C. 163, § 137. CRS 53: § 50-6-19. C.R.S. 1963: § 50-6-19. History. Source: L. 11: P. 381, § 19. C.L. § 9094. CSA: C. 163, § 137. CRS 53: § 50-6-19. C.R.S. 1963: § 50-6-19.    ANNOTATION   Property owner deemed entitled to money and he cannot be required to accept city warrants, no matter what may be their value. Wassenich v. City & County of Denver, 67 Colo. 456 , 186 P. 533 (1919).
CO Code § 38-6-120 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 1 - Condemnation of Property|§ 38-6-120. Review - Deposit - Possession

 Upon the final determination of any proceeding under this part 1, appeal shall lie in every case to bring into review the proceedings therein. If the owner of any property taken or affected appeals, the petitioner may pay into the registry of said court the amount of compensation awarded therefor, for the use of said owner, and shall thereupon be entitled to take possession of and use the property taken or affected the same as if no appeal had been taken. The money so deposited shall remain on deposit until the appeal has been heard and determined. If any owner elects to receive such amount before the determination of such appeal, said appeal shall thereupon be dismissed so far as such owner is concerned.   History. Source: L. 11: P. 381, § 20. C.L. § 9095. CSA: C. 163, § 138. CRS 53: § 50-6-20. C.R.S. 1963: § 50-6-20. L. 76: Entire section amended, p. 313, § 65, effective May 20. History. Source: L. 11: P. 381, § 20. C.L. § 9095. CSA: C. 163, § 138. CRS 53: § 50-6-20. C.R.S. 1963: § 50-6-20. L. 76: Entire section amended, p. 313, § 65, effective May 20.    ANNOTATION   No review of award absent objection. Where no objection is made below to the damages awarded in respect to land taken, the supreme court will not, on appeal, review such award. Phipps v. City & County of Denver, 57 Colo. 205 , 140 P. 797 (1914).   Applied in Wassenich v. City & County of Denver, 67 Colo. 456 , 186 P. 533 (1919).
CO Code § 38-6-121 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 1 - Condemnation of Property|§ 38-6-121. Lis Pendens

 In any proceeding brought under this part 1, the petitioner, at the time of filing the petition or at any time thereafter during the pendency of such proceeding, may file with the county clerk and recorder of the county in which the property sought to be condemned is situated a notice of the pendency of the proceeding, containing a general description of the property affected. The filing of such notice shall be constructive notice of the proceeding to any purchaser or encumbrancer of said property. The petitioner shall take all property condemned under this part 1 free of all conveyances, taxes, or assessments that have attached thereto subsequent to the filing of the lis pendens.   History. Source: L. 11: P. 382, § 21. C.L. § 9096. CSA: C. 163, § 139. CRS 53: § 50-6-21. C.R.S. 1963: § 50-6-21. L. 76: Entire section amended, p. 314, § 66, effective May 20. History. Source: L. 11: P. 382, § 21. C.L. § 9096. CSA: C. 163, § 139. CRS 53: § 50-6-21. C.R.S. 1963: § 50-6-21. L. 76: Entire section amended, p. 314, § 66, effective May 20.
CO Code § 38-6-122 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 1 - Condemnation of Property|§ 38-6-122. Eminent Domain Beyond City Limits

 Cities and towns are granted the power of eminent domain both within and beyond their corporate limits, for the purpose of constructing or installing storm or sanitary sewers, septic tanks, disposal works, or electric lines, regulator stations, substations, and related facilities, such power to be exercised in the manner prescribed by law. Nothing in this section shall authorize the pollution or contamination of any public river, stream, or water.   History. Source: L. 21: P. 773, § 1. C.L. § 9097. CSA: C. 163, § 140. CRS 53: § 50-6-22. L. 63: P. 482, § 8. C.R.S. 1963: § 50-6-22. History. Source: L. 21: P. 773, § 1. C.L. § 9097. CSA: C. 163, § 140. CRS 53: § 50-6-22. L. 63: P. 482, § 8. C.R.S. 1963: § 50-6-22.    ANNOTATION   Law reviews. 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).   Town must comply with § 30-28-110 in exercising powers under this section. A town must comply with county zoning procedures enunciated in § 30-28-110 , when the town exercises its power of eminent domain for construction of sewage facilities beyond its corporate limits pursuant to this section. Blue River Defense Comm. v. Town of Silverthorne, 33 Colo. App. 10, 516 P.2d 452 (1973).   County residents entitled to present objections and views. Even though a town may affirmatively overrule a county's decision regarding the town's proposed construction of a sewage plant, the residents of the county are entitled to an opportunity to present their objections and views and to have these considered as part of the planning commission's approval or disapproval and to require that if construction is to proceed, the town must determine to proceed in the face of the county's objection. Blue River Defense Comm. v. Town of Silverthorne, 33 Colo. App. 10, 516 P.2d 452 (1973).   Public stream not condemnable for sewer system purposes. This section grants to municipal corporations the authority to condemn land for the right-of-way for sewers, but no statute provides for the condemnation of a public stream for the purpose of making it a part of a sewer system. Healy v. City of Delta, 59 Colo. 124 , 147 P. 662 (1915).