reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 37 - WATER AND IRRIGATION (§§ 37-1-101 — 37-99-103) › WATER CONSERVATION (§§ 37-96-101 — 37-99-103) › Article 99 - [Effective 8/7/2024] PROHIBITION OF NONFUNCTIONAL TURF, ARTIFICIAL TURF, AND INVASIVE PLANT SPECIES (§§ 37-99-101 — 37-99-103) › Section 37-99-103 - [Effective 8/7/2024] Prohibition of nonfunctional turf, artificial turf, and invasive plant species - local entities - construction or renovation of state facilities

(1)
On and after January 1, 2026, a local entity shall not install, plant, or place, or allow any person to install, plant, or place, any nonfunctional turf, artificial turf, or invasive plant species, as part of a new development project or redevelopment project, on any portion of applicable property within the local entity's jurisdiction.
(2)
On or before January 1, 2026, a local entity shall enact or amend ordinances, resolutions, regulations, or other laws regulating new development projects and redevelopment projects on applicable property in accordance with the requirements of this section.
(3)
The department shall not install, plant, or place, or allow any person to install, plant, or place, any nonfunctional turf, artificial Turf, or invasive plant species as part of a project for the construction or renovation of a state facility, which project design commences on or after January 1, 2025.
(4)
Nothing in this section prohibits:
(a)
A local entity from maintaining, or allowing any person to maintain, any nonfunctional turf, artificial turf, or invasive plant species installed, planted, or placed before January 1, 2026;
(b)
The department from maintaining, or allowing any person to maintain, any nonfunctional turf, artificial turf, or invasive plant species installed, planted, or placed at a state facility before January 1, 2025;
(c)
A local entity or the department from installing, or allowing any person to install, grass seed or sod that is a native plant or has been hybridized for arid conditions;
(d)
A local entity or the department from establishing prohibitions on, or requirements for, nonfunctional turf, artificial turf, or invasive plant species that are more stringent than the requirements of this section; or
(e)
A local entity or the department from installing, or allowing any person to install, artificial turf on athletic fields of play.
Added by 2024 Ch. 26,§ 1, eff. 8/7/2024.
2024 Ch. 26, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 1 - PROCEEDINGS (§§ 38-1-101 — 38-1-202) › Part 1 - PROCEEDINGS - REQUIREMENTS ANDLIMITATIONS - DETERMINATION OF JUST COMPENSATION (§§ 38-1-101 — 38-1-122) › Section 38-1-101.5 - Necessity of taking land for pipelines

(1)
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:
(a)
To show that the particular land lies within a route which is the most direct route practicable;
(b)
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.
(c)
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.
(2)
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.
L. 83: Entire section added, p. 1444, § 1, effective June 3. L. 84: (1)(b) amended, p. 974, § 1, effective April 12.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 1 - PROCEEDINGS (§§ 38-1-101 — 38-1-202) › Part 1 - PROCEEDINGS - REQUIREMENTS ANDLIMITATIONS - DETERMINATION OF JUST COMPENSATION (§§ 38-1-101 — 38-1-122) › Section 38-1-101.7 - Limitations on the use of right-of-way

(1)
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.
(2)
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.
L. 84: Entire section added, p. 975, § 2, effective April 12.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 1 - PROCEEDINGS (§§ 38-1-101 — 38-1-202) › Part 1 - PROCEEDINGS - REQUIREMENTS ANDLIMITATIONS - DETERMINATION OF JUST COMPENSATION (§§ 38-1-101 — 38-1-122) › Section 38-1-103 - Summons - return - publication

(1)
A summons shall be issued and served and proof of service shall be made in accordance with the Colorado rules of civil procedure. The contents of such summons shall be in conformity with said rules; except that it shall notify the respondent or defendant that, upon failure to appear and defend, the court, without further notice, shall cause the compensation to be determined and title vested in the petitioner according to law. When it appears that the owners of the property sought to be condemned cannot be personally served as provided by the Colorado rules of civil procedure, an affidavit shall be filed in said cause by the petitioner or his attorney, setting forth that the person making such affidavit has made diligent inquiry and has been unable to learn the whereabouts of such owners.
(2)
The court shall then order a notice to be published in some newspaper published in said county, addressed to such owners, in which notice shall be stated the name of the petitioner, a full and accurate description of the property sought to be taken or condemned, the purpose for which such condemnation is asked, the time and place at which such owners are required to appear, and the title of the court or name of the judge before whom said application is to be heard. The court shall also fix and determine when said notice shall be made returnable, but in no case shall it be made returnable in less than thirty days. The same shall be published at least four times in some weekly newspaper before the return day thereof. If there is no weekly newspaper published in the county in which such proceedings are had, the court shall direct that said notice be published in some newspaper, named by him, published in the nearest convenient place to such county.
G.L. § 1061. L. 1879: p. 58, § 1. G.S. C. § 240. R.S. 08: § 2418. C.L. § 6314. CSA: C. 61, § 4. CRS 53: § 50-1-4. L. 55: p. 369, § 2. L. 61: p. 370, § 2. C.R.S. 1963: § 50-1-4.
For publication of legal notices, see part 1 of article 70 of title 24; for contents of a summons, see C.R.C.P. 4(c); for personal service in state, see C.R.C.P. 4(e); for manner of proof of service, see C.R.C.P. 4(h).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 1 - PROCEEDINGS (§§ 38-1-101 — 38-1-202) › Part 1 - PROCEEDINGS - REQUIREMENTS ANDLIMITATIONS - DETERMINATION OF JUST COMPENSATION (§§ 38-1-101 — 38-1-122) › Section 38-1-104 - Trial - amendments - rules

No cause shall be heard earlier than thirty days after service upon the defendant or upon due publication as provided in section
38-1-103
. Any number of separate parcels of property situate in the same county may be included in one petition, and the compensation for each shall be assessed separately by the same or different commissions or juries, as the court may direct. Amendment to the petition or to any paper or record in the cause may be permitted whenever necessary to a fair trial and final determination of the questions involved. Should it become necessary at any stage of the proceeding to bring a new party before the court, the court has the power to make such rule or order in relation thereto as may be deemed reasonable and proper, and also has the power to make all necessary rules and orders for notice to parties of the pendency of the proceeding and to issue all process necessary to the execution of orders and judgments as they may be entered.
G.L. § 1062. G.S. C. § 241. R.S. 08: § 2419. C.L. § 6315. CSA: C. 61, § 5. CRS 53: § 50-1-5. L. 55: p. 370, § 3. C.R.S. 1963: § 50-1-5. L. 85: Entire section amended, p. 1194, § 2, effective June 6.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 1 - PROCEEDINGS (§§ 38-1-101 — 38-1-202) › Part 1 - PROCEEDINGS - REQUIREMENTS ANDLIMITATIONS - DETERMINATION OF JUST COMPENSATION (§§ 38-1-101 — 38-1-122) › Section 38-1-106 - Jury

The owner of the property involved in any proceeding brought under the provisions of this article, before the appointment of commissioners, as provided in section
38-1-105
, and before the expiration of the time for the defendant to appear and answer, may demand a jury of freeholders residing in the county in which the petition is filed to determine the compensation to be allowed in the manner provided in this article. Such demand may be made in the pleadings or by a separate writing filed with the clerk. Such jury shall consist of six persons, unless a larger number is demanded by any party to the proceeding. In no case shall the number of jurors exceed twelve. Any party so demanding a larger number than six jurors shall advance the fees for such additional jurors for one day's service according to the rate allowed jurors in the district court.
G.L. § 1064. G.S. C. § 243. L. 1889: p. 156, § 1. R.S. 08: § 2421. C.L. § 6317. CSA: C. 61, § 7. CRS 53: § 50-1-7. L. 61: p. 374, § 4. C.R.S. 1963: § 50-1-7. L. 66: p. 30, § 2.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 1 - PROCEEDINGS (§§ 38-1-101 — 38-1-202) › Part 1 - PROCEEDINGS - REQUIREMENTS ANDLIMITATIONS - DETERMINATION OF JUST COMPENSATION (§§ 38-1-101 — 38-1-122) › Section 38-1-107 - Inspection of premises - expenses - verdict

(1)
When the jury has been selected and the jurors have taken an oath faithfully and impartially to discharge their duties, the court, at the request of any party to the proceeding and in the discretion of the court, may order that the jury go upon the premises sought to be taken or damaged, in charge of a sworn bailiff, and examine the premises in person. Such order shall require the party making such request to advance a sum, to be fixed by the court in such order, sufficient in the opinion of the court to defray the necessary expenses of such examination. In default of such party forthwith advancing such sum, such order shall be held for naught upon such trial before a jury. The court shall preside in the same manner and with like powers as in other cases. Evidence shall be admitted or rejected by the court according to the rules of law. At the conclusion of the evidence, the matters in controversy may be argued by counsel to the jury. At the conclusion of the arguments, the court shall instruct the jury in writing. The jury shall retire for deliberation, in charge of a sworn officer, and when they have agreed upon a verdict the same shall be returned into court.
(2)
If the jury fails to agree, it may be discharged by the court. Thereupon another jury shall be summoned as soon as practicable, in the same manner as before, and like proceedings be had with such jury or successive juries, until a verdict is had. Any party feeling aggrieved by such verdict may move before such court for a new trial in the same manner and for the same causes as in actions at law. The refusal of such court to grant a new trial may be excepted to and assigned for appeal.
G.L. § 1067. G.S. C. § 246. L. 1889: p. 157, § 3. R.S. 08: § 2424. C.L. § 6320. CSA: C. 61, § 10. CRS 53: § 50-1-10. C.R.S. 1963: § 50-1-10.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 1 - PROCEEDINGS (§§ 38-1-101 — 38-1-202) › Part 1 - PROCEEDINGS - REQUIREMENTS ANDLIMITATIONS - DETERMINATION OF JUST COMPENSATION (§§ 38-1-101 — 38-1-122) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 1 - PROCEEDINGS (§§ 38-1-101 — 38-1-202) › Part 1 - PROCEEDINGS - REQUIREMENTS ANDLIMITATIONS - DETERMINATION OF JUST COMPENSATION (§§ 38-1-101 — 38-1-122) › Section 38-1-109 - Intervention - cross petition

Any person not made a party to such proceeding may become such by filing a cross petition at any time before the hearing, setting forth that he is an owner or has an interest in the property sought to be taken or damaged by the petitioner and stating the character and extent of such interest. The rights of such person shall thereupon be fully considered and determined. Except for such cross petition, there shall be no written pleadings on the part of any party to the proceeding, but, at the hearing provided for in section
38-1-105
, the court shall hear and dispose of all objections that may be raised touching the legal sufficiency of the petition or cross petition or the regularity of the proceedings in any other respect. In case any person or corporation at any time or in any manner succeeds to the right of any party in the subject matter of the proceeding, such proceeding shall not abate thereby, but such person or corporation, upon motion and upon proof of the fact of such succession, shall be substituted for such party as a party to the proceeding.
G.L. § 1069. G.S. C. § 248. L. 1889: p. 158, § 4. R.S. 08: § 2426. C.L. § 6322. CSA: C. 61, § 12. CRS 53: § 50-1-12. C.R.S. 1963: § 50-1-12.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 1 - PROCEEDINGS (§§ 38-1-101 — 38-1-202) › Part 1 - PROCEEDINGS - REQUIREMENTS ANDLIMITATIONS - DETERMINATION OF JUST COMPENSATION (§§ 38-1-101 — 38-1-122) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 1 - PROCEEDINGS (§§ 38-1-101 — 38-1-202) › Part 1 - PROCEEDINGS - REQUIREMENTS ANDLIMITATIONS - DETERMINATION OF JUST COMPENSATION (§§ 38-1-101 — 38-1-122) › Section 38-1-111 - Possession pending appeal

In cases in which compensation is ascertained, if the owner of the property taken or affected prosecutes an appeal as provided by law and the Colorado appellate rules, the petitioner may pay into court or to the clerk thereof the amount of compensation ascertained and awarded for the use of the owner and shall thereupon be entitled to take possession and use the property taken or affected the same as if no such appeal had been taken. The money so deposited shall remain on deposit until such appeal has been heard and determined. If the owner elects to receive such money before the determination of said appeal, the appeal shall thereupon be dismissed so far as such owner is concerned. If the appeal is taken by the petitioner, the amount of compensation shall nevertheless be paid into court or to the clerk thereof for the use of the owner of the property condemned or affected before such petitioner has the right to take possession of and use said property so condemned or affected. Such compensation may be paid to such owner, at any time before the determination of such appeal, upon the execution and delivery of a good and sufficient bond by such owner with good and sufficient sureties, to be approved by said court, in a sum double the amount of such compensation, conditioned that such owner will pay and refund to such petitioner all or such part of said sum as said owner may be required or adjudged to pay said petitioner, together with the cost of said appeal.
G.L. § 1071. G.S. C. § 250. R.S. 08: § 2428. C.L. § 6324. CSA: C. 61, § 14. CRS 53: § 50-1-14. C.R.S. 1963: § 50-1-14.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 1 - PROCEEDINGS (§§ 38-1-101 — 38-1-202) › Part 1 - PROCEEDINGS - REQUIREMENTS ANDLIMITATIONS - DETERMINATION OF JUST COMPENSATION (§§ 38-1-101 — 38-1-122) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 1 - PROCEEDINGS (§§ 38-1-101 — 38-1-202) › Part 1 - PROCEEDINGS - REQUIREMENTS ANDLIMITATIONS - DETERMINATION OF JUST COMPENSATION (§§ 38-1-101 — 38-1-122) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 1 - PROCEEDINGS (§§ 38-1-101 — 38-1-202) › Part 1 - PROCEEDINGS - REQUIREMENTS ANDLIMITATIONS - DETERMINATION OF JUST COMPENSATION (§§ 38-1-101 — 38-1-122) › Section 38-1-115 - Contents of report or verdict

(1)
Except as provided in this section, the report of the commissioners or the verdict of the jury shall contain:
(a)
An accurate description of the land taken;
(b)
The value of the land or property actually taken;
(c)
The damages, if any, to the residue of such land or property; and
(d)
The amount and value of the benefit.
(2)
No findings as to damages and benefits as provided in paragraphs (c) and (d) of subsection (1) of this section shall be required in cases involving the total taking of property, nor shall either or both of such findings be required in cases involving the partial taking of property unless evidence thereof has been received by the commissioners or jury.
(3)
The report of the commissioners or the verdict of the jury may also contain such other findings or answers to interrogatories as the court in its discretion may require to establish the value of the property condemned on an undivided basis.
G.L. § 1075. G.S. C. § 254. R.S. 08: § 2432. C.L. § 6328. CSA: C. 61, § 18. CRS 53: § 50-1-18. L. 63: p. 477, § 3. C.R.S. 1963: § 50-1-18. L. 66: p. 30, § 3.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 1 - PROCEEDINGS (§§ 38-1-101 — 38-1-202) › Part 1 - PROCEEDINGS - REQUIREMENTS ANDLIMITATIONS - DETERMINATION OF JUST COMPENSATION (§§ 38-1-101 — 38-1-122) › Section 38-1-116 - Interest on award

The court shall forthwith cause the report of the commissioners or the verdict of the jury to be entered upon the records of the court, and, where possession of the property has been previously taken by the petitioner pursuant to section
38-1-105(6)
, it shall add to the amount of any such award interest at the rate established pursuant to section
5-12-106(2)
, C.R.S., on and after the date of such possession until the date such award of the commissioners or verdict of the jury is filed with the clerk of the court. No interest shall be allowed on that portion of the award which the owner and others interested received or could have received as a partial payment by withdrawal from the deposit as provided in section
38-1-105(6)
, nor shall interest be allowed for the period wherein the trial of the case is delayed or continued by or at the request of the respondent.
L. 61: p. 375, § 7. CRS 53: § 50-1-20. L. 63: p. 477, § 4. C.R.S. 1963: § 50-1-19. L. 66: p. 31, § 4. L. 85: Entire section amended, p. 1194, § 4, effective June 6.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 1 - PROCEEDINGS (§§ 38-1-101 — 38-1-202) › Part 1 - PROCEEDINGS - REQUIREMENTS ANDLIMITATIONS - DETERMINATION OF JUST COMPENSATION (§§ 38-1-101 — 38-1-122) › Section 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.
L. 66: p. 31, § 5. C.R.S. 1963: § 50-1-22.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 1 - PROCEEDINGS (§§ 38-1-101 — 38-1-202) › Part 1 - PROCEEDINGS - REQUIREMENTS ANDLIMITATIONS - DETERMINATION OF JUST COMPENSATION (§§ 38-1-101 — 38-1-122) › Section 38-1-118 - Evidence concerning value of property

Any witness in a proceeding under articles
1
to
7
of this title, in any court of record of this state wherein the value of real property is involved, may state the consideration involved in any recorded transfer of property, otherwise material and relevant, which was examined and utilized by him in arriving at his opinion, if he has personally examined the record and communicated directly and verified the amount of such consideration with either the buyer or seller. Any such testimony shall be admissible as evidence of such consideration and shall remain subject to rebuttal as to the time and actual consideration involved and subject to objections as to its relevancy and materiality.
L. 61: p. 376, § 7. CRS 53: § 50-1-22. L. 63: p. 478, § 5. C.R.S. 1963: § 50-1-21.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 1 - PROCEEDINGS (§§ 38-1-101 — 38-1-202) › Part 1 - PROCEEDINGS - REQUIREMENTS ANDLIMITATIONS - DETERMINATION OF JUST COMPENSATION (§§ 38-1-101 — 38-1-122) › Section 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.
L. 61: p. 375, § 7. CRS 53: § 50-1-21. C.R.S. 1963: § 50-1-20.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 1 - PROCEEDINGS (§§ 38-1-101 — 38-1-202) › Part 1 - PROCEEDINGS - REQUIREMENTS ANDLIMITATIONS - DETERMINATION OF JUST COMPENSATION (§§ 38-1-101 — 38-1-122) › Section 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.
L. 73: p. 178, § 2. C.R.S. 1963: § 50-1-23.
For state board of land commissioners acquiring land by eminent domain, see § 24-33-107(3)(a).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 1 - PROCEEDINGS (§§ 38-1-101 — 38-1-202) › Part 1 - PROCEEDINGS - REQUIREMENTS ANDLIMITATIONS - DETERMINATION OF JUST COMPENSATION (§§ 38-1-101 — 38-1-122) › Section 38-1-122 - Attorney fees

(1)
If the court finds that a petitioner is not authorized by law to acquire real property or interests therein sought in a condemnation proceeding, it shall award reasonable attorney fees, in addition to any other costs assessed, to the property owner who participated in the proceedings.
(1.5)
In connection with proceedings for the acquisition or condemnation of property in which the award determined by the court exceeds ten thousand dollars, in addition to any compensation awarded to the owner in an eminent domain proceeding, the condemning authority shall reimburse the owner whose property is being acquired or condemned for all of the owner's reasonable attorney fees incurred by the owner where the award by the court in the proceedings equals or exceeds one hundred thirty percent of the last written offer given to the property owner prior to the filing of the condemnation action. The provisions of this subsection (1.5) shall not apply to any condemnation proceeding seeking to acquire rights-of-way under article 4, 5, or 5.5 of this title, article
45
of title
37
, C.R.S., or section 7 of article XVI of the Colorado constitution.
(2)
Nothing in subsection (1) of this section shall be construed as limiting the ability of a property owner to recover just compensation, including attorney fees, as may otherwise be authorized by law.
L. 85: Entire section added, p. 1195, § 6, effective June 6. L. 2003: (1.5) added, p. 2669, § 2, effective July 1.
For the legislative declaration in the 2003 act adding subsection (1.5), see section 1 of chapter 421, Session Laws of Colorado 2003.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 2 - SPECIFIC GRANTS OF POWER (§§ 38-2-101 — 38-2-105) › Section 38-2-102 - Entering lands to survey - liability

Any corporation formed for the purpose of constructing a road, ditch, tunnel, or railroad may cause such examination and survey as may be necessary to the selection of the most advantageous route and, for such purpose, by its officers, agents, or servants may enter upon the lands of any person or corporation, but subject to liability for all actual damages which are occasioned thereby.
G.L. § 305. G.S. § 339. R.S. 08: § 2462. C.L. § 6363. CSA: C. 61, § 53. CRS 53: § 50-2-2. C.R.S. 1963: § 50-2-2.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 2 - SPECIFIC GRANTS OF POWER (§§ 38-2-101 — 38-2-105) › Section 38-2-103 - Proceedings to drain

Whenever the owners of any parcels of land desire to construct a drain for the purpose of carrying off surplus water and they cannot agree among themselves or with the parties who own land below, through which it is expedient to carry the drain in order to reach a natural waterway, then proceedings may be had in the same manner as in cases of eminent domain affecting irrigation works of diversion. The rights-of-way for such drains shall be regarded as equal to those for irrigation canals.
L. 1893: p. 258, § 1. R.S. 08: § 2463. C.L. § 6364. CSA: C. 61, § 54. CRS 53: § 50-2-3. C.R.S. 1963: § 50-2-3.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 2 - SPECIFIC GRANTS OF POWER (§§ 38-2-101 — 38-2-105) › Section 38-2-104 - Mineral landowner may construct connecting railway spur

It is lawful for the owner of any coal or other mineral lands, not contiguous to any railroad in this state, desiring to connect such lands with any railroad by means of a connecting railway spur, not to exceed fifteen miles in length, to construct and operate such connecting railway spur across any other lands lying intermediate between such coal or other mineral lands and any railroad with which such connection may be desired. In case the owner of such coal or other mineral lands is unable to agree with the owner of such intermediate lands for the purchase of any necessary rights-of-way across such intermediate lands for the purpose of constructing and operating such connecting railway spur as to the purchase price on such rights-of-way, then the owner of such coal or other mineral lands may exercise the right of eminent domain and condemn any rights-of-way across such intermediate lands necessary to make such connection and to construct and operate such connecting railway spur, and it may acquire title to such rights-of-way in the manner provided by law for the condemnation of lands for rights-of-way by railroad companies. All the laws of this state relating to the manner of exercising the right of eminent domain by railroad companies are hereby made applicable to such proceedings.
L. 01: p. 237, § 1. R.S. 08: § 2464. C.L. § 6365. CSA: C. 61, § 55. CRS 53: § 50-2-4. C.R.S. 1963: § 50-2-4.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 2 - SPECIFIC GRANTS OF POWER (§§ 38-2-101 — 38-2-105) › Section 38-2-105 - Higher education governing boards have right of eminent domain

The regents of the university of Colorado, the board of governors of the Colorado state university system for Colorado state university and Colorado state university - Pueblo, the board of trustees for Fort Lewis college, the board of trustees of the Colorado school of mines, the board of trustees for the university of northern Colorado, the board of trustees for Adams state university, the board of trustees for Colorado Mesa university, the board of trustees for Western Colorado university, and the board of trustees for Metropolitan state university of Denver have the power to acquire real property, which they may deem necessary, by the exercise of eminent domain through condemnation proceedings in accordance with law.
Amended by 2019 Ch. 400,§ 20, eff. 7/1/2019.
L. 37: p. 402, § 1. CSA: C. 61, § 56. CRS 53: § 50-2-5. L. 61: pp. 708, 709, §§ 2, 3. C.R.S. 1963: § 50-2-5. L. 2002: Entire section amended, p. 1249, § 27, effective August 7. L. 2003: Entire section amended, p. 2002, § 65, effective May 22; entire section amended, p. 792, § 15, effective July 1. L. 2004: Entire section amended, p. 1205, § 81, effective August 4. L. 2010: Entire section amended, (HB 10-1375), ch. 1515, p. 1515, § 1, effective May 27. L. 2011: Entire section amended, (SB 11-265), ch. 1368, p. 1368, § 26, effective August 10. L. 2012: Entire section amended, (HB 12-1080), ch. 761, p. 761, § 25, effective May 19; entire section amended, (SB 12-148), ch. 429, p. 429, § 20, effective July 1; entire section amended, (HB 12-1331), ch. 1272, p. 1272, § 20, effective August 1. L. 2019: Entire section amended, (HB 19-1178), ch. 3547, p. 3547, § 20, effective July 1.
(1) Amendments to this section by House Bill 03-1093 and House Bill 03-1344 were harmonized.
(2) Amendments to this section by House Bill 12-1080, House Bill 12-1331, and Senate Bill 12-148 were harmonized.
(1) For the legislative declaration in the 2011 act amending this section, see section 1 of chapter 292, Session Laws of Colorado 2011. (2) For the legislative declaration in the 2012 act amending this section, see section 1 of chapter 125, Session Laws of Colorado 2012.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 3 - CONDEMNATION OF PUBLIC LANDS (§§ 38-3-101 — 38-3-105) › Section 38-3-101 - Condemning public land - petition

Whenever any corporation authorized to appropriate for a public use by the exercise of the right of eminent domain lands, rights-of-way, or other rights or easements in lands requires, needs, or desires to appropriate lands, rights-of-way, or other rights or easements in lands which belong to the United States, the state of Colorado, or any other state or sovereignty, such corporation, for the purpose of having such lands, rights-of-way, or other rights or easements appropriated to such use and for determining the compensation to be paid to such owner therefor, may present a petition to the district court in each of the counties in which such lands, or any part thereof, are located, describing the desired property, giving the name of the owner thereof, and stating by whom and for what purpose it is proposed to be appropriated and that it is needed and required by the petitioner for the public use to which it is proposed to devote the same, and praying that such court appropriate such property to its use and determine the compensation to be paid to the owner therefor.
L. 15: p. 229, § 1. C.L. § 6331. CSA: C. 61, § 21. CRS 53: § 50-3-1. C.R.S. 1963: § 50-3-1. L. 64: p. 266, § 167.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 3 - CONDEMNATION OF PUBLIC LANDS (§§ 38-3-101 — 38-3-105) › Section 38-3-102 - Notice - service - publication

The court shall fix a time for the first hearing upon said petition. Notice directed to such owner of the filing of the petition and its object and containing a description of the property and of the time and place of the first hearing shall be published by such corporation in one or more newspapers of general circulation in the state of Colorado once a week for six weeks prior to the time set for the first hearing. At least two weeks before the time set for the first hearing, a copy of said notice shall be served on any party who is in actual possession of the land, and, in case the state is the owner, on the attorney general, and, in case the United States is the owner, on the United States attorney for the district in which the land or any part thereof is situated. The copy of such notice shall be deemed to have been sufficiently served if delivered during the usual hours of business at the residence of the party in possession or at the office of the attorney general or the United States attorney, as the case may be.
L. 15: p. 230, § 2. C.L. § 6332. CSA: C. 61, § 22. CRS 53: § 50-3-2. C.R.S. 1963: § 50-3-2. L. 76: Entire section amended, p. 607, § 33, effective July 1.
For publication of legal notices, see part 1 of article 70 of title 24.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 3 - CONDEMNATION OF PUBLIC LANDS (§§ 38-3-101 — 38-3-105) › Section 38-3-103 - Hearing - findings filed - published

Upon proof being filed of the publication of such notice and of such personal service where required, the court, at the time and place therein fixed or to which the hearing may be adjourned, shall proceed to hear the allegations and proofs of all persons interested which touch the matters committed to it, and it shall regulate the order of proof as it may deem best. The testimony taken by it shall be under oath. The court shall determine the truth of the matters alleged and set forth in the petition and also the compensation to be paid to such owner for the lands, rights-of-way, or other rights or easements in lands to be appropriated. In the event that the petitioner has theretofore taken possession of such lands, rights-of-way, or other rights or easements in lands, the value thereof shall be determined without considering the value of any improvements that may have been constructed by such corporation and as of the date when such corporation took possession. The court shall file among its records its findings in writing and shall give notice to the petitioner that its findings have been filed. The petitioner shall cause a notice to be published in one or more newspapers of general circulation in the state of Colorado once a week for two weeks, setting forth that the findings of the court have been filed and stating the amount of the compensation fixed by the court. If the owner has appeared in said proceeding by attorney, a copy of said notice shall be served prior to the last publication of said notice upon the attorney so appearing.
L. 15: p. 230, § 3. C.L. § 6333. CSA: C. 61, § 23. CRS 53: § 50-3-3. C.R.S. 1963: § 50-3-3.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 3 - CONDEMNATION OF PUBLIC LANDS (§§ 38-3-101 — 38-3-105) › Section 38-3-104 - Order - copy recorded

In case no appeal is taken within thirty days after the last publication of notice that the findings of the court have been filed, the court, upon the payment by the petitioner to the clerk of such court of the compensation fixed by the court and upon motion of the petitioner, shall enter an order appropriating the lands, rights-of-way, or other rights or easements in lands, as the case may be, to the petitioner. Thereafter, the same shall be the property of the petitioner, and a certified copy of the order may be filed for record with the county clerk and recorder of the county in which such lands, rights-of-way, or other rights or easements in lands are located. Such record shall be notice, and a certified copy of such record shall be evidence of the title and rights of the petitioner as therein set forth. The clerk of said court shall notify the owner of the property of the payment of the compensation fixed by the court and shall pay the same to such owner on demand.
L. 15: p. 231, § 4. C.L. § 6334. CSA: C. 61, § 24. CRS 53: § 50-3-4. C.R.S. 1963: § 50-3-4.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 3 - CONDEMNATION OF PUBLIC LANDS (§§ 38-3-101 — 38-3-105) › Section 38-3-105 - Judgment - appellate review

Upon the payment into court of the compensation assessed, the court shall give judgment appropriating the lands, rights-of-way, or other rights or easements in lands, as the case may be, to the petitioner, and thereafter the same shall be the property of the petitioner. Either party to the action may appeal from the judgment in like manner and with like effect as in ordinary condemnation cases. Such appeal shall not stay the proceedings so as to prevent the petitioner from taking such lands into its possession and using them for the purposes of the petitioner or from proceeding to exercise the rights-of-way or other rights or easements appropriated.
L. 15: p. 231, § 5. C.L. § 6335. CSA: C. 61, § 25. CRS 53: § 50-3-5. C.R.S. 1963: § 50-3-5.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 4 - RIGHTS-OF-WAY: DESIGNATED COMMON CARRIERS (§§ 38-4-101 — 38-4-116) › Section 38-4-101 - Tunnel companies

Any foreign or domestic corporation organized or chartered for the purpose, among other things, of carrying, transmitting, or delivering ores, minerals, or other property for hire by means of a tunnel shall have the right-of-way for the construction, operation, and maintenance of any such tunnel of sufficient size and dimensions for such purpose through or over any patented or unpatented mines, mining claims, or other lands without the consent of the owner thereof, if such right-of-way is necessary to reach the place to or from which it is proposed to carry such ores, minerals, or other property.
L. 07: p. 282, § 1. R.S. 08: § 2435. C.L. § 6336. CSA: C. 61, § 26. CRS 53: § 50-4-1. C.R.S. 1963: § 50-4-1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 4 - RIGHTS-OF-WAY: DESIGNATED COMMON CARRIERS (§§ 38-4-101 — 38-4-116) › Section 38-4-102 - Pipeline companies

Any foreign or domestic corporation organized or chartered for the purpose, among other things, of conducting or maintaining a pipeline for the transmission of power, water, air, or gas for hire to any mine or mining claim or for any manufacturing, milling, mining, or public purpose shall have the right-of-way for the construction, operation, and maintenance of such pipeline for such purpose through any lands without the consent of the owner thereof, if such right-of-way is necessary for the purpose for which said pipeline is used.
L. 07: p. 283, § 2. R.S. 08: § 2436. C.L. § 6337. CSA: C. 61, § 27. CRS 53: § 50-4-2. C.R.S. 1963: § 50-4-2.
For the right-of-way of pipeline companies, see § 7-43-102.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 4 - RIGHTS-OF-WAY: DESIGNATED COMMON CARRIERS (§§ 38-4-101 — 38-4-116) › Section 38-4-103 - Electric power companies

(1)
Any foreign or domestic corporation organized or chartered for the purpose, among other things, of conducting and maintaining electric power lines for providing power or light by means of electricity for hire has a right-of-way for the construction, operation, and maintenance of electric power lines through any patented or unpatented mine or mining claim or other land without the consent of the owner of the patented or unpatented mine or mining claim or other land, if the right-of-way is necessary for the purposes proposed.
(2)
An electric utility, as defined in section
40-15-601(6)
, exercising its rights under subsection (1) of this section may, in accordance with part 6 of article
15
of title
40
:
(a)
Install or allow the installation of any attached facility, as that term is defined in section
40-15-601(1)
; and
(b)
Exercise any rights available to the electric utility under part 6 of article
15
of title
40
in connection with the installation.
Amended by 2019 Ch. 424,§ 2, eff. 8/2/2019.
L. 07: p. 283, § 3. R.S. 08: § 2437. C.L. § 6338. CSA: C. 61, § 28. CRS 53: § 50-4-3. C.R.S. 1963: § 50-4-3. L. 2019: Entire section amended, (SB 19-107), ch. 3713, p. 3713, § 2, effective August 2.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 4 - RIGHTS-OF-WAY: DESIGNATED COMMON CARRIERS (§§ 38-4-101 — 38-4-116) › Section 38-4-104 - Tramway companies

Any foreign or domestic corporation organized or chartered for the purposes, among other things, of conducting and maintaining for hire an aerial tramway for transporting ores, minerals, waste materials, or other property from any mine or mining claim by means of an aerial tramway shall have the right-of-way for the construction, operation, and maintenance for such tramway and for all necessary towers and supports thereof over and across any intervening mining claims, lands, or premises without the consent of the owner thereof, if such right-of-way is necessary for the purposes proposed.
L. 07: p. 283, § 4. R.S. 08: § 2438. C.L. § 6339. CSA: C. 61, § 29. CRS 53: § 50-4-4. C.R.S. 1963: § 50-4-4.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 4 - RIGHTS-OF-WAY: DESIGNATED COMMON CARRIERS (§§ 38-4-101 — 38-4-116) › Section 38-4-105 - Common carriers - fees

Any such corporations organized or chartered for any or all of the purposes mentioned in sections
38-4-101
to
38-4-104
shall be deemed common carriers and shall fix and charge only a reasonable and uniform rate to all persons who desire the use of any such tunnel, pipeline, electric power transmission lines, or aerial tramway.
L. 07: p. 283, § 5. R.S. 08: § 2439. C.L. § 6340. CSA: C. 61, § 30. CRS 53: § 50-4-5. C.R.S. 1963: § 50-4-5.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 4 - RIGHTS-OF-WAY: DESIGNATED COMMON CARRIERS (§§ 38-4-101 — 38-4-116) › Section 38-4-106 - Distance governs rate

In fixing the rate to be charged its patrons, as provided in section
38-4-105
, any such transportation tunnel company or aerial tramway company shall take into consideration the distance over which the materials to be transported are carried.
L. 07: p. 284, § 6. R.S. 08: § 2440. C.L. § 6341. CSA: C. 61, § 31. CRS 53: § 50-4-6. C.R.S. 1963: § 50-4-6.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 4 - RIGHTS-OF-WAY: DESIGNATED COMMON CARRIERS (§§ 38-4-101 — 38-4-116) › Section 38-4-107 - Compensation

Any such corporation shall make due and just compensation for such right-of-way to the owners of the property through which it is proposed to construct, operate, and maintain such tunnel, pipeline, electric transmission lines, or aerial tramway. When the parties cannot agree upon such right-of-way and the amount of compensation to be paid the owner of such property, the same shall be determined in the manner provided by law for the exercise of the right of eminent domain.
L. 07: p. 284, § 7. R.S. 08: § 2441. C.L. § 6342. CSA: C. 61, § 32. CRS 53: § 50-4-7. C.R.S. 1963: § 50-4-7.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 4 - RIGHTS-OF-WAY: DESIGNATED COMMON CARRIERS (§§ 38-4-101 — 38-4-116) › Section 38-4-108 - Owner entitled to minerals

The owner of any vein, lode, mining claim, or other property over which it is proposed to construct a tunnel, as provided in this article, shall have the right to all ores and minerals taken from such vein or lode at the intersection thereof with such tunnel.
L. 07: p. 284, § 8. R.S. 08: § 2442. C.L. § 6343. CSA: C. 61, § 33. CRS 53: § 50-4-8. C.R.S. 1963: § 50-4-8.