reglab/housing_qa huggingface dataset:
CO Code § 38-6-201 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 2 - Condemnation of Water Rights|§ 38-6-201. Condemnation of Water Rights by Municipalities

 This part 2 shall apply to any water right which is to be condemned by a town, city, city and county, or municipal corporation having the powers of condemnation, referred to in this part 2 as a “municipality”.   History. Source: L. 75: Entire part added, p. 1408, § 1, effective July 1.    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).
CO Code § 38-6-202 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 2 - Condemnation of Water Rights|§ 38-6-202. Petition

  The attorney for any municipality, in the name of said municipality, shall apply to the district court of the district in which the municipality is situated, by petition, which petition shall set forth the general nature of the improvement proposed to be established or made, a correct description of the water right required, the name of the owner of the water right, and those persons who may be damaged by the acquisition of the water right. Said petition shall pray for the appointment of three disinterested commissioners appointed by the court of jurisdiction, freeholders of real estate in Colorado, one to be a resident from the area affected by the proposed action, one to be a resident of the municipality bringing the action, and one to be a party who has no interest in the controversy, to determine the issue of the necessity of exercising eminent domain as proposed in the petition and, if the condemnation is to be allowed, to appraise and award the damages that each person damaged may sustain by reason of the appropriation and condemnation of the water right by the municipality and to perform such other duties as are in this part 2 enumerated.    No municipality shall be allowed to condemn water rights, as provided in section 38-6-207, for any anticipated or future needs in excess of fifteen years, nor shall any municipality be allowed to condemn water rights that are appropriated to a prior public use.     History. Source: L. 75: Entire part added, p. 1408, § 1, effective July 1.    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)”, appearing below, see 56 Den. L. J. 625 (1979).   Provisions held unconstitutional. The provisions of this part, subsection (1) of this section, and §§ 38-6-203 , 38-6-207 (1) , (3), and (4), and 38-6-210 , relating to the appointment, action, and effect of a commission to determine the issue of necessity of exercising eminent domain, are in conflict with the express grant of eminent domain powers to home rule cities by § 1 of art. XX, Colo. Const.City of Thornton v. Farmers Reservoir & Irrigation Co., 194 Colo. 526 , 575 P.2d 382 (1978).   The 15-year provision of subsection (2), as applied to home-rule municipalities, is unconstitutional. City of Thornton v. Farmers Reservoir & Irrigation Co., 194 Colo. 526 , 575 P.2d 382 (1978).
CO Code § 38-6-203 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 2 - Condemnation of Water Rights|§ 38-6-203. Condemnation - Municipal - Water Supplies - Standards and Procedures for Evaluations

  Prior to any hearing for condemnation of water supplies and structures under this part 2, the municipality shall:   Prepare or update a community growth development plan reflecting present population and resources uses and capabilities and projected population growth and resources requirements, the latter to include all resources requirements to provide for phased development of municipal services and facilities;    Prepare a detailed statement describing:   The water rights to be acquired under condemnation and their present uses;    The effects upon the county and suitable area within the river drainage basin or basins from the change or conversion of acquired irrigation and other water supplies to domestic uses, to include economic and environmental effects;    The unavoidable adverse and irreversible effects from such taking of properties and rights; and    Alternative sources of water supply that may be acquired by appropriation, purchase, lease, conservation, or condemnation and relative acquisitions costs.          The information contained in the growth development plan and statement of effects from the condemnation shall be prepared in sufficient detail to provide a meaningful basis for assessment of the aspects of the condemnation to the public if the condemnation is approved. These statements shall be presented to the commissioners appointed by the court and the defendants and shall be made available to interested parties.     History. Source: L. 75: Entire part added, p. 1409, § 1, effective July 1.    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).
CO Code § 38-6-204 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 2 - Condemnation of Water Rights|§ 38-6-204. Defendants - Guardian Ad Litem

 The owners of all property sought to be condemned for the proposed improvement or who would be damaged by said improvement shall be made parties defendant. If the proceeding seeks to affect land owned by a minor or mental incompetent under legal disabilities, the legal guardian or conservator of such person shall be made 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. 75: Entire part added, p. 1409, § 1, effective July 1.    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).
CO Code § 38-6-205 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 2 - Condemnation of Water Rights|§ 38-6-205. 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 the state or is a foreign corporation or in case the attorney for the petitioner files an affidavit that he has endeavored to find such person for the purpose of causing the person to be served and that after reasonable effort he has been unable to find said person, the petitioner may cause the summons to be published for three consecutive times in any daily or weekly newspaper published in the judicial district. 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. 75: Entire part added, p. 1409, § 1, effective July 1.    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).
CO Code § 38-6-206 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 2 - Condemnation of Water Rights|§ 38-6-206. Answer - Hearing - Jury

  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 objections as he may have to the condemnation or appropriation of any water right owned by him or to the prosecution of said proceeding.    Any defendant may file a demand for a jury trial as provided for in section 38-6-211 (1), prior to the date fixed for the hearing of the petition.    At the time set for the hearing of said petition or at the time to which the hearing may have been continued by the court, the court shall proceed to hear any objections raised by the answer provided for in subsection (1) of this section. The court shall also appoint three commissioners to carry out the provisions of this part 2.     History. Source: L. 75: Entire part added, p. 1410, § 1, effective July 1.
CO Code § 38-6-207 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 2 - Condemnation of Water Rights|§ 38-6-207. Duty of Commissioners, Determination of Necessity

  In any case initiated for the acquisition of water rights pursuant to this part 2, it is the duty of the commissioners to:   Examine and assess the growth development plan and statement provided by the municipality, from the proposed condemnation, required in section 38-6-203, and obtain necessary information pursuant to powers granted in section 38-6-208, and make a determination as to the necessity of exercising the power of eminent domain for the proposed purposes;    Provide one of the following recommendations to the court, based upon their findings:   There exists no need and necessity for condemnation as proposed.    There exists a need and necessity for condemnation as proposed.    There exists a need and necessity for condemnation, but it is premature.          In making a recommendation, as provided in subsection (1)(b)(II) of this section, the commissioners may recommend an alternate source of water supply.    The commissioners shall hear the proofs and allegations of the parties and, after viewing the premises, certify the proper compensation to be made to said owner or parties interested for the water or other property to be taken or affected, as well as all damages accruing to the owner or parties interested in consequences of the condemnation of the same.    If the commissioners find there exists no need and necessity for the condemnation proposed, they shall make no finding as to the value of the condemned property.     History. Source: L. 75: Entire part added, p. 1410, § 1, effective July 1.    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).   Provisions held unconstitutional. The provisions of this part, §§ 38-6-202(1) , 38-6-203 , and 38-6-210 , and subsections (1), (3), and (4) of this section, relating to the appointment, action, and effect of a commission to determine the issue of necessity of exercising eminent domain are in conflict with the express grant of eminent domain powers to home rule cities by § 1 of art. XX, Colo. Const.City of Thornton v. Farmers Reservoir & Irrigation Co., 194 Colo. 526 , 575 P.2d 382 (1978).   Review of determination of necessity. The determination of necessity is an essential part of the power of eminent domain and is not reviewable by the judiciary absent a showing of fraud or bad faith. City of Thornton v. Farmers Reservoir & Irrigation Co., 194 Colo. 526 , 575 P.2d 382 (1978).
CO Code § 38-6-208 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 2 - Condemnation of Water Rights|§ 38-6-208. 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. 75: Entire part added, p. 1411, § 1, effective July 1.
CO Code § 38-6-209 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 2 - Condemnation of Water Rights|§ 38-6-209. Hearing - Notice - Publication

 After the report of the 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 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 any property damaged, appropriated, condemned, or assessed special benefits does not reside in the state or is a foreign corporation or in case the attorney for said petitioner files an affidavit that he has endeavored to find such person for the purpose of causing said person to be notified and that after reasonable effort he has been unable to find said person in the state, 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 judicial district. Said publication shall be in lieu of personal service of said notice on all such persons.   History. Source: L. 75: Entire part added, p. 1411, § 1, effective July 1.
CO Code § 38-6-210 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 2 - Condemnation of Water Rights|§ 38-6-210. 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 38-6-211 . 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. 75: Entire part added, p. 1411, § 1, effective July 1.    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).
CO Code § 38-6-211 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 2 - Condemnation of Water Rights|§ 38-6-211. Jury Trial - Motion for New Trial - Appellate Proceedings

  At any time prior to the date fixed for the hearing of the petition provided for in section 38-6-205, any defendant who owns or is interested in any property to be taken, appropriated, or damaged on account of the proposed improvement may file his demand, in writing, for a trial by a jury of either six or twelve freeholders to appraise and assess the damages which said defendant or person may sustain by reason of the appropriation and condemnation of, or damage to, his property. Any person so demanding a jury, at the time of said demand, shall deposit with the clerk the jury fees for one day's services according to the rate allowed jurors in the district court. The court shall fix an early date for said trial, and on such date the defendants who have made written demands for jury trial within the time provided shall proceed to submit their claims to the jury. Such jury shall be drawn as in civil actions; except that the jurors shall have the qualifications provided in this section.    The court shall proceed in the same manner and with like powers as in other cases, except as otherwise provided in this part 2. At the request of any party to the proceedings, the court shall order that the jury go upon the premises sought to be taken or damaged, in charge of a sworn bailiff and in the company of any other person that the court may order, and examine the premises in person. At the conclusion of the evidence, the matters in controversy may be argued by counsel to the jury, and at the conclusion of the arguments the court shall instruct the jury in writing. The jury shall return a special verdict fixing and determining the damages or compensation to be allowed to each defendant, severally, who has demanded a jury trial, which verdict shall include the fair, actual cash market value of the land actually taken for the improvement. Any party to the proceeding may move for a new trial in the same manner as in actions at law. The refusal of said court to grant the same may be excepted to and assigned for appeal, but no appeal shall be permitted to stay the improvement sought by the proceeding.     History. Source: L. 75: Entire part added, p. 1412, § 1, effective July 1.
CO Code § 38-6-212 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 2 - Condemnation of Water Rights|§ 38-6-212. Costs - Compensation

 The cost of the proceedings shall be paid by the municipality. The commissioners shall be allowed a reasonable compensation for their services and expenses, the amount of which shall be fixed by the court. The court may also order that the municipality pay reasonable attorney fees.   History. Source: L. 75: Entire part added, p. 1412, § 1, effective July 1.
CO Code § 38-6-213 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 2 - Condemnation of Water Rights|§ 38-6-213. 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. 75: Entire part added, p. 1412, § 1, effective July 1.
CO Code § 38-6-214 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 2 - Condemnation of Water Rights|§ 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.   History. Source: L. 75: Entire part added, p. 1413, § 1, effective July 1.    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).
CO Code § 38-6-215 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 2 - Condemnation of Water Rights|§ 38-6-215. Municipality May Dismiss Proceedings

 The attorney for the municipality 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 property, without prejudice, at any stage of the proceedings, and the petitioner shall pay the costs thereof.   History. Source: L. 75: Entire part added, p. 1413, § 1, effective July 1.
CO Code § 38-6-216 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 6 - Proceedings by Cities and Towns|Part 2 - Condemnation of Water Rights|§ 38-6-216. 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. 75: Entire part added, p. 1413, § 1, effective July 1.