CO Code § 38-1-121 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 1 - Proceedings|Part 1 - Proceedings - Requirements and Limitations - Determination of Just Compensation|§ 38-1-121. Appraisals - Negotiations

  As soon as a condemning authority determines that it intends to acquire an interest in property, it shall give notice of such intent, together with a description of the property interest to be acquired, to anyone having an interest of record in the property involved. If the property has an estimated value of five thousand dollars or more, such notice shall advise that the condemning authority shall pay the reasonable costs of an appraisal pursuant to subsection (2) of this section. Such notice, however, need not be given to any of such persons who cannot be found by the condemning authority upon the exercise of due diligence. Upon receipt of such notice, such persons may employ an appraiser of their choosing to appraise the property interest to be acquired. Such appraisal shall be made using sound, fair, and recognized appraisal practices which are consistent with law. The value of the land or property actually taken shall be the fair market value thereof. Within ninety days of the date of such notice, such persons may submit to the condemning authority a copy of such appraisal. The condemning authority immediately upon receipt thereof shall submit to such persons copies of its appraisals. If the property interest is being acquired in relation to a federal aid project, then the appraisals submitted by the condemning authority shall be those which have been approved by it pursuant to applicable statutes and regulations, if such approval is required. All of these appraisals may be used by the parties to negotiate in good faith for the acquisition of the property interest, but neither the condemning authority nor such persons shall be bound by such appraisals.    If an appraisal is submitted to the condemning authority in accordance with the provisions of subsection (1) of this section, the condemning authority shall pay the reasonable costs of such appraisal. If more than one person is interested in the property sought to be acquired and such persons cannot agree on an appraisal to be submitted under subsection (1) of this section, the condemning authority shall be relieved of any obligation herein imposed upon it to pay for such appraisals as may be submitted to it pursuant to this section.    Nothing in this section shall be construed as in any way limiting the obligation of the condemning authority to negotiate in good faith for the acquisition of any property interest sought prior to instituting eminent domain proceedings or as in any way limiting the discovery rights of parties to eminent domain proceedings.    Nothing in this section shall prevent the condemning authority from complying with federal and state requirements to qualify the authority for federal aid grants.    Nothing in this section shall be construed to limit the right of the condemning agency to institute eminent domain proceedings or to obtain immediate possession of property as permitted by law; except that an eminent domain proceeding may not proceed to trial on the issue of valuation until the ninety-day period provided in subsection (1) of this section has expired or the owner's appraisal has been submitted to the condemning authority, whichever is sooner.    If the parties involved in the negotiations fail to reach agreement on the fair market value of the property being acquired, the condemning authority, prior to proceeding to trial on the issue of valuation, shall furnish all owners of record a written final offer.     History. Source: L. 75: Entire section added, p. 1405, § 1, effective July 18. L. 78: (1) and (5) amended, p. 274, § 100, effective May 23. L. 85: (1) amended and (6) added, p. 1194, § 5, effective June 6.    ANNOTATION   Statute designed to facilitate negotiations and settlement. This statute, which is not mandatory, contemplates and is designed to facilitate negotiations and settlement between parties involved in condemnation proceedings. City of Colo. Springs v. Berl, 658 P.2d 280 (Colo. App. 1982).   This section does not apply to the award of costs pursuant to C.R.C.P. 54(d). City of Colo. Springs v. Berl, 658 P.2d 280 (Colo. App. 1982).   When costs of appraisals are litigation expenses. If the owner chooses not to submit appraisals prior to trial, but does so as evidence during trial, the costs of the appraisals of real property are correctly viewed as expenses necessarily incurred by reason of the litigation. City of Colo. Springs v. Berl, 658 P.2d 280 (Colo. App. 1982).   Amount offered by county not dispositive of lack of good faith attempt to negotiate where efforts by county were thwarted by lack of response from the landowners. Bd. of County Comm'rs v. Blosser, 844 P.2d 1237 (Colo. App. 1992).   Property interests contemplated by subsection (3) are limited to recorded interests. City & County of Denver v. Eat Out, Inc., 75 P.3d 1141 (Colo. App. 2003).