reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-149 - Change of presiding officer not to affect suit

No suit instituted as provided in sections
38-30-147
and
38-30-148
shall be dismissed on account of any change of the presiding officer of said lodge, but the same shall continue in the name of the party instituting the suit until otherwise disposed of.
L. 1893: p. 86, § 4. R.S. 08: § 706. C.L. § 4916. CSA: C. 40, § 44. CRS 53: § 118-1-50. C.R.S. 1963: § 118-1-49.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-150 - Definitions

As used in articles 30 to 44 (except part 2 of article 41) of this title 38 and part 5 of article
10
of title
12
, unless the context otherwise requires:
(1)
"Deed" includes mortgages, leases, releases, and every conveyance or encumbrance under seal.
(2)
"Land" and "real estate" shall be construed as coextensive in meaning with the terms "land", "tenements", and "hereditaments" and as embracing all mining claims and other claims, and chattels real.
Amended by 2019 Ch. 136,§ 232, eff. 10/1/2019.
R.S. p. 114, § 27. G.L. § 185. G.S. § 225. R.S. 08: § 707. C.L. § 4917. CSA: C. 40, § 45. CRS 53: § 118-1-51. C.R.S. 1963: § 118-1-50. L. 2019: IP amended, (HB 19-1172), ch. 1723, p. 1723, § 232, effective October 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-151 - Division of county - transcript of records - certificate

(1)
Whenever any county has been divided and a portion of the territory thereof erected into a new county, or added to some other county, the board of county commissioners of such new county or of the county to which such territory is added may, at the expense of its own county, procure to be transcribed from the records of the county to which such territory was originally attached copies of all deeds, bonds, agreements, powers of attorney, and other writings conveying or affecting title to any real estate situate within the territory so separated, and for this purpose the person whom such board may appoint shall have free access at all reasonable times to the records of the original county.
(2)
Such records shall be transcribed into a suitable and well-bound book, and the person transcribing the same shall affix thereto at the end of all such transcripts his affidavit that the same were by him transcribed from the records of such original county, and are true, correct, and examined copies of such records. Such book of transcribed records shall be deposited in the office of the county clerk and recorder of the new county, or of the county to which such territory is assigned, as a part of the records thereof; and such transcribed records or copies therefrom, certified by the county clerk and recorder in whose office the same are deposited, shall have the same effect as evidence as the original records of such deeds, bonds, agreements, powers of attorney, and other writings.
R.S. p. 114, § 28. G.L. § 186. G.S. § 226. R.S. 08: § 708. C.L. § 4918. CSA: C. 40, § 46. CRS 53: § 118-1-52. C.R.S. 1963: § 118-1-51.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-152 - Not applicable to wills

This article shall not be so construed as to embrace last wills and testaments except where expressly provided otherwise.
R.S. p. 115, § 31. G.L. § 189. G.S. § 229. R.S. 08: § 709. C.L. § 4919. CSA: C. 40, § 47. CRS 53: § 118-1-53. C.R.S. 1963: § 118-1-52.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-153 - Recording wills and decrees affecting lands - descents

Any will in writing for the devise of real estate in this state, together with the probate thereof and the certificate mentioned in section
38-30-154
, may be recorded in the office of the county clerk and recorder of every county wherein any of such real estate so devised may be situated; and all other decrees in probate determining the descent of real estate, together with the certificate mentioned in section
38-30-154
, may in like manner be recorded. In case any decree or order, by certified copy or otherwise, of any appellate court is or shall be filed in any court for the government thereof in the premises, a copy of the same shall be attached to any such will and probate thereof, or to such decree, as the case may be, and certified with the other papers.
L. 1881: p. 254, § 1. G.S. § 230. R.S. 08: § 710. C.L. § 4920. CSA: C. 40, § 48. CRS 53: § 118-1-54. C.R.S. 1963: § 118-1-53. L. 73: p. 1414, § 85.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-154 - Clerk shall furnish certified copies

The clerk of any court, upon demand, shall furnish to any party in interest copies of any such papers and records properly attached and certified by him under the seal of such court, and the same shall thereupon be admitted to record accordingly.
L. 1881: p. 254, § 2. G.S. § 231. R.S. 08: § 711. C.L. § 4921. CSA: C. 40, § 49. CRS 53: § 118-1-55. C.R.S. 1963: § 118-1-54. L. 73: p. 1414, § 86.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-155 - Certified copy of record shall be evidence of title

Such record of any such certified will and probate thereof, and of any such decree, and of said accompanying papers and records in relation to any such will or decree shall be received in all courts of this state as evidence of the title to any real estate so devised by will or determined by decree, to the same extent as the record of deeds to real estate in such office.
L. 1881: p. 255, § 3. G.S. § 232. R.S. 08: § 712. C.L. § 4922. CSA: C. 40, § 50. CRS 53: § 118-1-56. C.R.S. 1963: § 118-1-55.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-156 - Fees for county clerk and recorder

The county clerk and recorder shall be entitled to the same fee as in other cases of the certification of copies of records in his office, and any such county clerk and recorder shall be entitled to the same fee as in cases of deeds to real estate.
L. 1881: p. 255, § 4. G.S. § 233. R.S. 08: § 713. C.L. § 4923. CSA: C. 40, § 51. CRS 53: § 118-1-57. C.R.S. 1963: § 118-1-56.
For recording fees of county clerk and recorders, see § 30-1-103.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-159 - Who may record notice of intention to claim possibility of reverter or right of entry

(1)
The notice of claim required by section
38-30-158
that a new special limitation and possibility of reverter or a new condition subsequent and right of entry were created shall be duly verified on oath and shall be filed for record in the office of the county clerk and recorder of the county in which such interest in real property is located. Such notice may be filed for record by the person claiming to be the owner of such possibility of reverter or right of entry, or by any other person acting on his behalf if the person who is said to be such owner is:
(a)
Under a legal disability; or
(b)
Unable to assert a claim on his own behalf; or
(c)
One of a class, but whose identity cannot be established or is unknown or uncertain at the time of filing such notice of claim.
L. 65: p. 939, § 3. C.R.S. 1963: § 118-1-59.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-160 - Contents of notice - recording, indexing - effect

(1)
To be effective and entitled to be filed for record, such notice shall contain all of the following matters:
(a)
An accurate and full description of all real property affected by such notice, which description shall be set forth in particular terms and not by general inclusions; but if such claim is founded upon a recorded instrument, the description in such notice may be the same as that contained in the recorded instrument upon which the claim is based;
(b)
The terms of the special limitation or condition subsequent from which the possibility of reverter or right of entry arises, and the name of the grantor or testator or person exercising such power of appointment who is said to have created the special limitation and possibility of reverter or condition subsequent and right of entry being claimed by such notice;
(c)
The names of all claimants or owners of the possibility of reverter or right of entry on whose behalf it is filed for record, except that if a claimant or owner is one of a class whose identity cannot be established or is unknown or uncertain at the time of filing such notice, then as to such claimant or owner it shall be sufficient to identify such class, and such notice shall be wholly ineffective as to all persons who are neither named nor members of such class.
(2)
The county clerk and recorder of each county shall accept every such notice presented to him which describes real property located in the county for which he serves and shall enter and record the same in the same way that deeds are recorded. In indexing such notice in his office, such county clerk and recorder shall enter such notice in the grantee indexes of deeds under the name of the person who has executed such notice and also under the names of all other persons named in said notice as claimants of or as owning such possibility of reverter or right of entry, and in the grantor indexes under the name of the grantor or testator or person exercising such power of appointment who is said to have created the special limitation and possibility of reverter or condition subsequent and right of entry being claimed by such notice.
(3)
The county clerk and recorder shall be entitled to charge the same fees for recording such notice and for indexing it in the grantor and grantee indexes as are charged for the recording and indexing of deeds.
(4)
If the real property affected by such notice is located in more than one county, such notice shall be recorded in each county wherein part of the real property is located, and such notice shall be wholly ineffective as to all real property located in any county in which it has not been recorded.
L. 65: p. 940, § 4. C.R.S. 1963: 118-1-60.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-161 - Use prohibition or restriction affecting less or more real property - more or fewer use prohibitions or restrictions

For purposes of sections
38-30-157
to
38-30-164
, every inter vivos instrument and every will and every appointment shall be considered as purporting to prohibit or restrict a use of an interest in real property which has been previously prohibited or restricted notwithstanding that any previous inter vivos instrument or will or appointment included more real property or less real property or more or fewer use prohibitions or restrictions.
L. 65: p. 941, § 5. C.R.S. 1963: § 118-1-61.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-162 - Interests and instruments to which sections 38-30-157 to 38-30-164 do not apply

(1)
Sections
38-30-157
to
38-30-164
shall not affect any special limitation or possibility of reverter or condition subsequent or right of entry contained in any conveyance, devise, or appointment for a public, charitable, religious, or educational purpose.
(2)
Sections
38-30-157
to
38-30-164
shall not affect any special limitation or possibility of reverter or condition subsequent or right of entry created with respect to any:
(a)
Lease;
(b)
Mortgage, deed of trust, or other lien to secure a debt;
(c)
Communication, transmission or transportation line, or pipeline, railroad, or public road;
(d)
Easement or right-of-way; or
(e)
Reservation or lease of or conveyance, devise, or appointment of any interest in any oil, gas, or other minerals or right to take oil, gas, or other minerals, or of any interest in water or water rights.
(3)
If any instrument includes any interest in real property in addition to one set forth in subsection (2) of this section, sections
38-30-157
to
38-30-164
shall apply to such other interest in real property, except as provided in subsection (1) of this section.
L. 65: p. 941, § 6. C.R.S. 1963: § 118-1-62.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-163 - Other statutes and laws remain applicable

Sections 38-30-157 to 38-30-164 shall not be construed as establishing or maintaining or reviving the validity of any special limitation or possibility of reverter or condition subsequent or right of entry which becomes barred by any other statute or any other law, or which is for any reason unenforceable, or which for any reason has ceased to exist; nor shall it be construed as excusing, or extending the period for, the bringing of any action or the doing of any other act necessary, under any other statute or any other law, to establish or maintain the validity or enforceability of any special limitation or possibility of reverter or condition subsequent or right of entry.
L. 65: p. 942, § 7. C.R.S. 1963: § 118-1-63.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-164 - Sections to be liberally construed

Sections 38-30-157 to 38-30-164 shall be liberally construed to effect the legislative purposes of simplifying and facilitating real property title transactions and of rendering real property titles more secure and marketable by the elimination, as provided in sections
38-30-157
to
38-30-163
, of purported special limitations, and possibilities of reverter, and conditions subsequent, and rights of entry.
L. 65: p. 942, § 8. C.R.S. 1963: § 118-1-64.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-167 - Right of purchaser to obtain partial specific performance

If it is impossible for a vendor of real property to convey a portion of the real property he contracted to convey, the vendee has a right to obtain a conveyance of that portion which it is possible to convey and a right to obtain damages or other equitable relief concerning the portion which it is impossible to convey. For the purposes of this section, "vendor" includes an optionor or a grantor of a right to repurchase or lease, and "vendee" includes an optionee or a holder of a right to repurchase or lease.
L. 79: Entire section added, p. 1394, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-169 - Instruments of conveyance - removal of void and unenforceable restrictive covenants which are based upon race or religion

(1)
Any attorney, title insurance company, or title insurance agent authorized to do business in this state may remove by recording a new instrument any restrictive covenants which are based upon race or religion, or reference thereto, which are contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property and which:
(a)
Are held to be void and unenforceable by final determination of the supreme court of the state of Colorado or the supreme court of the United States; or
(b)
Have been modified pursuant to the procedures specified in section
38-30-170
.
(2)
Restrictive covenants which are based upon race or religion may be removed from such documents pursuant to subsection (1) of this section only upon the transfer or sale of, or any interest in, real property subject to such restrictive covenants which occurs subsequent to such final judicial determination or modification specified in subsection (1) of this section.
(3)
Notwithstanding any law to the contrary, any person who, in good faith and in the usual course of business, delivers any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property which contains any restrictive covenants which are based upon race or religion, or reference thereto, which are void and unenforceable by law shall be immune from civil liability. In addition, such delivery shall not constitute an unfair housing practice as specified in section
24-34-502(1)(c)
, C.R.S. The provisions of this subsection (3) shall not apply to any person who:
(a)
Represents or attempts to represent that such restrictive covenants which are based upon race or religion are valid and enforceable; or
(b)
Honors or exercises or attempts to honor or exercise such restrictive covenants which are based upon race or religion.
L. 90: Entire section added, p. 1645, § 1, effective April 16.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-170 - Private restrictive covenants - modification - exception - procedures

(1)
(a)
Except as otherwise provided in paragraph (b) of this subsection (1), any private restrictive covenants which are held to be void and unenforceable by final determination of the supreme court of the state of Colorado or the supreme court of the United States may be modified pursuant to the procedures specified in subsection (2) of this section.
(b)
The provisions of this section shall not apply to any private restrictive covenants which contain any express and written provisions concerning the modification of such private restrictive covenants.
(2)
Upon good faith delivery of written notification to all owners of real property located within a subdivision, as indicated on the records of the county clerk and recorder of the county in which the subdivision is located, a meeting may be held not less than ten days after such notification has been given concerning the modification of any void and unenforceable private restrictive covenants. Such private restrictive covenants may be modified only upon the written approval of a majority of all of the owners of real property located within the subdivision. Following such approval, such private restrictive covenants, as modified, shall be filed for recording with such county clerk and recorder. A copy of such private restrictive covenants, as modified, shall be delivered by mail to all owners of record of real property located within the subdivision.
(3)
The county clerk and recorder shall not be held liable for recording any private restrictive covenants, as modified pursuant to the provisions of this section, which were filed for recording with such county clerk and recorder.
(4)
As used in this section, unless the context otherwise requires:
(a)
"Modify" means to amend, terminate, remove, or cancel.
(b)
"Private restrictive covenant" means any covenant, restriction, or condition included in the subdivision plat or in any recorded document, or any amendment thereto, which is based upon race or religion and which is applicable to real property located within such subdivision, but does not include any covenant, restriction, or condition imposed on such real property by any governmental entity.
(c)
"Subdivision" means any parcel of land which is to be used for condominiums, apartments, or any other multiple-dwelling units or which is divided into two or more lots, parcels, or other divisions of land and for which a plat of such land has been filed for recording with the county clerk and recorder of the county in which such land is located.
L. 90: Entire section added, p. 1645, § 1, effective April 16.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-171 - Survival of remedies and title to corporate property after dissolution

(1)
This section shall apply to corporations for profit that were both formed under the laws of this state and dissolved before July 1, 1994.
(2)
The dissolution of a corporation shall not eliminate or impair any remedy available to or against the corporation or its directors, officers, or shareholders for any right or claim existing or any liability incurred prior to such dissolution if an action or other proceeding is commenced thereon within two years after the date of the dissolution. The foregoing limitation shall not apply to any action affecting title to real estate. Any action or proceeding by or against the corporation may be prosecuted or defended by the corporation in its corporate name. The shareholders, directors, and officers of the corporation shall have power to take such corporate and other action as shall be necessary or appropriate to effect any remedy available to the corporation, pursue any action or proceeding by the corporation, or defend against any action or proceeding against the corporation.
(3)
(a)
After dissolution of the corporation, title to any property of the corporation not previously distributed or disposed of by the corporation shall remain in the corporation. The majority of the surviving members of the last acting board of directors as named in the files of the secretary of state shall have full power and authority:
(I)
To sue and be sued in the corporate name and, for purposes of suit against such corporation, each director is an agent for process; and
(II)
To act on behalf of and in the name of such corporation to convey and dispose of any corporate property not distributed or disposed of in the dissolution.
(b)
Final disposition of such property shall be made by the majority of the surviving directors in the manner provided by law at the time of dissolution of such corporation. Upon the death of the last survivor of such directors, the public trustee of the county in which property owned by such corporation is situated shall have full power and authority to act on behalf of and in the name of such corporation to convey and dispose of such property.
L. 96: Entire section added, p. 1329, § 52, effective June 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30 - TITLES AND INTERESTS (§§ 38-30-101 — 38-30-173) › Section 38-30-173 - Survival of remedies and title to corporate property after dissolution - nonprofit corporations

(1)
This section shall apply to nonprofit corporations that were dissolved before July 1, 1998, and either formed under articles
20
to
29
of title
7
, C.R.S., or elected or could have elected to accept such articles as set forth in articles
20
to
29
of title
7
, C.R.S.; except that this section shall not apply to any corporation that was dissolved by operation of law before July 1, 1998, as a consequence of the suspension of such corporation and was eligible for reinstatement or restoration, renewal, and revival on June 30, 1998.
(2)
The dissolution of a corporation shall not eliminate or impair any remedy available to or against the corporation or its directors, officers, or members for any right or claim existing on dissolution or any liability incurred prior to such dissolution if an action or other proceeding is commenced within two years after the date of the dissolution; except that this subsection (2) shall not apply to any action affecting the title to real estate. Any action or proceeding by or against the corporation may be prosecuted or defended by the corporation in its corporate name. The members, directors, and officers of the corporation shall have the power to take such corporate and other action as shall be necessary or appropriate to effect any remedy available to the corporation, or defend any action or proceeding against the corporation.
(3)
(a)
After dissolution of the corporation, title to any property of the corporation not previously distributed or disposed of by the corporation shall remain in the corporation. The majority of the surviving members of the last acting board of directors as named in the files of the secretary of state shall have the power and ability to:
(I)
Sue and be sued in the corporate name, and, for purposes of suit against such corporation, each director is an agent for service of process; and
(II)
Act on behalf of and in the name of such corporation to convey and dispose of any corporate property not distributed or disposed of in the dissolution.
(b)
Final disposition of such property shall be made by the majority of the surviving directors in the manner provided by law at the time of the dissolution of the corporation. On the date of the death of the last survivor of the directors, the public trustee of the county in which the property owned by such corporation is situated shall have the power and authority to act on behalf of and in the name of such corporation to convey and dispose of the property.
L. 98: Entire section added, p. 627, § 40, effective July 1.
(1) Articles
20
to
29
of title
7
, referenced in subsection (1), were repealed, effective July 1, 1998.
(2) Current provisions concerning nonprofit corporations are located in articles
121
to
137
of title
7
.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30.5 - CONSERVATION EASEMENTS (§§ 38-30.5-101 — 38-30.5-112) › Section 38-30.5-101 - Legislative intent

The general assembly finds and declares that it is in the public interest to define conservation easements in gross, since such easements have not been defined by the judiciary. Further, the general assembly finds and declares that it is in the public interest to determine who may receive such easements and for what purpose such easements may be received.
L. 76: Entire article added, p. 750, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30.5 - CONSERVATION EASEMENTS (§§ 38-30.5-101 — 38-30.5-112) › Section 38-30.5-102 - Conservation easement in gross

"Conservation easement in gross", for the purposes of this article, means a right in the owner of the easement to prohibit or require a limitation upon or an obligation to perform acts on or with respect to a land or water area, airspace above the land or water, or water rights beneficially used upon that land or water area, owned by the grantor appropriate to the retaining or maintaining of such land, water, airspace, or water rights, including improvements, predominantly in a natural, scenic, or open condition, or for wildlife habitat, or for agricultural, horticultural, wetlands, recreational, forest, or other use or condition consistent with the protection of open land, environmental quality or life-sustaining ecological diversity, or appropriate to the conservation and preservation of buildings, sites, or structures having historical, architectural, or cultural interest or value.
L. 76: Entire article added, p. 750, § 1, effective July 1. L. 2003: Entire section amended, p. 990, § 1, effective August 6.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30.5 - CONSERVATION EASEMENTS (§§ 38-30.5-101 — 38-30.5-112) › Section 38-30.5-103 - [Effective Until 8/7/2024] Nature of conservation easements in gross

(1)
A conservation easement in gross is an interest in real property freely transferable in whole or in part for the purposes stated in section
38-30.5-102
and transferable by any lawful method for the transfer of interests in real property in this state.
(2)
A conservation easement in gross shall not be deemed personal in nature and shall constitute an interest in real property notwithstanding that it may be negative in character.
(3)
A conservation easement in gross shall be perpetual unless otherwise stated in the instrument creating it.
(4)
The particular characteristics of a conservation easement in gross shall be those granted or specified in the instrument creating the easement.
(5)
A conservation easement in gross that encumbers water or a water right as permitted by section
38-30.5-104 (1)
may be created only by the voluntary act of the owner of the water or water right and may be made revocable by the instrument creating it.
(6)
On and after January 1, 2020, prior to creating a conservation easement in gross, the owner of the property who is granting the conservation easement shall execute a disclosure form that includes, but is not limited to, an acknowledgment that the conservation easement is being granted in perpetuity. The division of conservation in cooperation with the conservation easement oversight commission shall develop the disclosure form and publish the approved form on its website. The signed disclosure form must be submitted to the division of conservation as part of the tax credit application.
Amended by 2019 Ch. 420, § 6, eff. 6/30/2019.
L. 76: Entire article added, p. 751, § 1, effective July 1. L. 2003: (5) added, p. 990, § 2, effective August 6. L. 2019: (6) added, (HB 19-1264), ch. 3678, p. 3678, § 6, effective June 30.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30.5 - CONSERVATION EASEMENTS (§§ 38-30.5-101 — 38-30.5-112) › Section 38-30.5-103 - [Effective 8/7/2024] Nature of conservation easements in gross

(1)
A conservation easement in gross is an interest in real property freely transferable in whole or in part for the purposes stated in section
38-30.5-102
and transferable by any lawful method for the transfer of interests in real property in this state.
(2)
A conservation easement in gross shall not be deemed personal in nature and shall constitute an interest in real property notwithstanding that it may be negative in character.
(3)
A conservation easement in gross shall be perpetual unless otherwise stated in the instrument creating it.
(4)
The particular characteristics of a conservation easement in gross shall be those granted or specified in the instrument creating the easement.
(5)
A conservation easement in gross that encumbers water or a water right as permitted by section
38-30.5-104 (1)
may be created only by the voluntary act of the owner of the water or water right and may be made revocable by the instrument creating it.
(6)
On and after January 1, 2020, prior to creating a conservation easement in gross, the owner of the property who is granting the conservation easement shall execute a disclosure form that includes, but is not limited to, an acknowledgment that the conservation easement is being granted in perpetuity. The division of conservation in cooperation with the conservation easement oversight commission shall develop the disclosure form and publish the approved form on its website. The signed disclosure form must be submitted to the division of conservation as part of the tax credit application.
(7)
A conservation easement in gross is a real property interest as defined in section 38-30.5-102 that is to be created, administered, stewarded, enforced, modified, and terminated pursuant to this article 30.5 and, as applicable, section 39-22-522.
Amended by 2024 Ch. 211,§ 6, eff. 8/7/2024.
Amended by 2019 Ch. 420, § 6, eff. 6/30/2019.
L. 76: Entire article added, p. 751, § 1, effective July 1. L. 2003: (5) added, p. 990, § 2, effective August 6. L. 2019: (6) added, (HB 19-1264), ch. 3678, p. 3678, § 6, effective June 30.
2024 Ch. 211, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30.5 - CONSERVATION EASEMENTS (§§ 38-30.5-101 — 38-30.5-112) › Section 38-30.5-104 - Creation of conservation easements in gross

(1)
A conservation easement in gross may only be created by the record owners of the surface of the land and, if applicable, owners of the water or water rights beneficially used thereon by a deed or other instrument of conveyance specifically stating the intention of the grantor to create such an easement under this article.
(2)
A conservation easement in gross may only be created through a grant to or a reservation by a governmental entity, including the division of conservation created in section
12-15-102
, or a grant to or a reservation by a charitable organization exempt under section 501 (c)(3) of the federal "Internal Revenue Code of 1986", as amended, which organization was created at least two years prior to receipt of the conservation easement.
(3)
Repealed.
(4)
Conservation easements relating to historical, architectural, or cultural significance may only be applied to buildings, sites, or structures which have been listed in the national register of historic places or the state register of historic properties, which have been designated as a landmark by a local government or landmarks commission under the provisions of the ordinances of the locality involved, or which are listed as contributing building sites or structures within a national, state, or locally designated historic district.
(5)
If a water right is represented by shares in a mutual ditch or reservoir company, a conservation easement in gross that encumbers the water right may be created or revoked only after sixty days' notice and in accordance with the applicable requirements of the mutual ditch or reservoir company, including, but not limited to, its articles of incorporation and bylaws as amended from time to time.
Amended by 2021 Ch. 385,§2, eff. 6/30/2021.
L. 76: Entire article added, p. 751, § 1, effective July 1. L. 85: (3) repealed and (4) amended, p. 1203, §§ 3, 1, effective July 1. L. 99: (2) amended, p. 632, § 49, effective August 4. L. 2003: (1) amended and (5) added, p. 991, § 3, effective August 6; (2) amended, p. 1022, § 1, effective August 6. L. 2021: (2) amended, (HB 21-1233), ch. 2577, p. 2577, § 2, effective June 30.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30.5 - CONSERVATION EASEMENTS (§§ 38-30.5-101 — 38-30.5-112) › Section 38-30.5-105 - Residual estate

All interests not transferred and conveyed by the instrument creating the easement shall remain in the grantor of the easement, including the right to engage in all uses of the lands or water or water rights affected by the easement that are not inconsistent with the easement or prohibited by the easement or by law.
L. 76: Entire article added, p. 751, § 1, effective July 1. L. 2003: Entire section amended, p. 991, § 4, effective August 6.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30.5 - CONSERVATION EASEMENTS (§§ 38-30.5-101 — 38-30.5-112) › Section 38-30.5-106 - Recordation upon public records

Instruments creating, assigning, or otherwise transferring conservation easements in gross must be recorded upon the public records affecting the ownership of real property in order to be valid and shall be subject in all respects to the laws relating to such recordation.
L. 76: Entire article added, p. 751, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30.5 - CONSERVATION EASEMENTS (§§ 38-30.5-101 — 38-30.5-112) › Section 38-30.5-107 - Release - termination

If it is determined that conditions on or surrounding a property encumbered by a conservation easement in gross change so that it becomes impossible to fulfill its conservation purposes that are defined in the deed of conservation easement, a court with jurisdiction may, at the joint request of both the owner of property encumbered by a conservation easement and the holder of the easement, terminate, release, extinguish, or abandon the conservation easement. If condemnation by a public authority of a part of a property or of the entire property encumbered by a conservation easement in gross renders it impossible to fulfill any of the conservation purposes outlined in the deed of conservation easement, the conservation easement may be terminated, released, subordinated, extinguished, or abandoned in whole or in part through condemnation proceedings. A conservation easement in gross for which a Colorado state income tax credit has been allowed may not in whole or in part be released, terminated, extinguished, or abandoned by merger with the underlying fee interest in the servient land or water rights. Any release, termination, or extinguishment of a conservation easement under this section must be recorded in the records of the office of the clerk and recorder in the county where the conservation easement is located.
Amended by 2022 Ch. 420,§1, eff. 6/7/2022.
Amended by 2019 Ch. 420,§7, eff. 6/30/2019.
L. 76: Entire article added, p. 751, § 1, effective July 1. L. 2003: Entire section amended, p. 991, § 5, effective August 6. L. 2019: Entire section amended, (HB 19-1264), ch. 3678, p. 3678, § 7, effective June 30.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30.5 - CONSERVATION EASEMENTS (§§ 38-30.5-101 — 38-30.5-112) › Section 38-30.5-107.5 - Condemnation of property encumbered by a conservation easement in gross - determination of just compensation

If property encumbered by a conservation easement in gross created in accordance with the requirements of section
38-30.5-104
is condemned in accordance with the requirements of articles
1
to
7
of this title 38, and, as a result of the condemnation, the condemning authority is acquiring such property free and clear of the conservation easement interest or subordinating the deed of conservation easement to such acquired property interest, just compensation must be determined based on the value of the property as if unencumbered by the conservation easement in gross and must be allocated between the fee owner and the holder of the conservation easement based upon the value of their respective interests in the property. This section does not affect or limit damages to which a holder of a conservation easement in gross is entitled under section
38-30.5-108(3)
.
Added by 2022 Ch. 420,§2, eff. 6/7/2022.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30.5 - CONSERVATION EASEMENTS (§§ 38-30.5-101 — 38-30.5-112) › Section 38-30.5-108 - Enforcement - remedies

(1)
No conservation easement in gross shall be unenforceable by reason of lack of privity of contract or lack of benefit to particular land or because not expressed as running with the land.
(2)
Actual or threatened injury to or impairment of a conservation easement in gross or the interest intended for protection by such easement may be prohibited or restrained by injunctive relief granted by any court of competent jurisdiction in a proceeding initiated by the grantor or by an owner of the easement.
(3)
In addition to the remedy of injunctive relief, the holder of a conservation easement in gross shall be entitled to recover money damages for injury thereto or to the interest to be protected thereby. In assessing such damages, there may be taken into account, in addition to the cost of restoration and other usual rules of the law of damages, the loss of scenic, aesthetic, and environmental values.
L. 76: Entire article added, p. 752, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30.5 - CONSERVATION EASEMENTS (§§ 38-30.5-101 — 38-30.5-112) › Section 38-30.5-109 - Taxation

Conservation easements in gross shall be subject to assessment, taxation, or exemption from taxation in accordance with general laws applicable to the assessment and taxation of interests in real property. Real property subject to one or more conservation easements in gross shall be assessed, however, with due regard to the restricted uses to which the property may be devoted. The valuation for assessment of a conservation easement which is subject to assessment and taxation, plus the valuation for assessment of lands subject to such easement, shall equal the valuation for assessment which would have been determined as to such lands if there were no conservation easement.
L. 76: Entire article added, p. 752, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30.5 - CONSERVATION EASEMENTS (§§ 38-30.5-101 — 38-30.5-112) › Section 38-30.5-110 - Other interests not impaired

No interest in real property cognizable under the statutes, common law, or custom in effect in this state prior to July 1, 1976, nor any lease or sublease thereof at any time, nor any transfer of a water right or any change of a point of diversion decreed prior to the recordation of any conservation easement in gross restricting a transfer or change shall be impaired, invalidated, or in any way adversely affected by reason of any provision of this article. No provision of this article shall be construed to mean that conservation easements in gross were not lawful estates in land prior to July 1, 1976. Nothing in this article shall be construed so as to impair the rights of a public utility, as that term is defined by section
40-1-103
, C.R.S., with respect to rights-of-way, easements, or other property rights upon which facilities, plants, or systems of a public utility are located or are to be located. Any conservation easement in gross concerning water or water rights shall be subject to the "Water Right Determination and Administration Act of 1969", as amended, article
92
of title
37
, C.R.S., and any decree adjudicating the water or water rights.
L. 76: Entire article added, p. 752, § 1, effective July 1. L. 2003: Entire section amended, p. 991, § 6, effective August 6.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30.5 - CONSERVATION EASEMENTS (§§ 38-30.5-101 — 38-30.5-112) › Section 38-30.5-111 - Validation

(1)
Any conservation easement in gross created on or after July 1, 1976, but before July 1, 1985, that would have been valid under this article except for section
38-30.5-104(3)
is valid and shall be a binding, legal, and enforceable obligation.
(2)
Any conservation easement in gross affecting water rights created prior to August 6, 2003, shall be a binding, legal, and enforceable obligation if it complies with the requirements of this article.
L. 85: Entire section added, p. 1203, § 2, effective July 1. L. 2003: Entire section amended, p. 992, § 7, effective August 6.
Section 38-30.5-104 (3), which is referenced in this section, was repealed by L. 85, p. 1203, § 3, effective July 1, 1985.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30.5 - CONSERVATION EASEMENTS (§§ 38-30.5-101 — 38-30.5-112) › Section 38-30.5-112 - [Repealed]

L. 2011: Entire section added, (SB 11-050), ch. 304, p. 1460, §1, effective June 8.
Subsection (7) provided for the repeal of this section, effective November 1, 2011. (See L. 2011, p. 1460.)
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 30.7 - WIND ENERGY (§§ 38-30.7-101 — 38-30.7-106) › Section 38-30.7-101 - Legislative declaration

The general assembly finds and declares that a wind energy right is an interest in real property appurtenant to the surface estate.
Amended by 2015 Ch. 19,§ 1, eff. 8/5/2015.
L. 2012: Entire article added, (HB 12-1105), ch. 230, p. 1011, § 1, effective August 8. L. 2015: Entire article amended, (HB 15-1121), ch. 19, p. 45, § 1, effective August 5.