reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 50 - SURVEY PLATS AND MONUMENT RECORDS - GENERAL PROVISIONS (§§ 38-50-101 — 38-50-103) › Section 38-50-102 - Public records - original field notes and plats

(1)
The board of county commissioners for each county is authorized to employ some competent person, at the expense of the county, to make copies of the original field notes and plats of surveys of all lands surveyed or to be surveyed after March 14, 1877, by the officers appointed by the federal government, within their respective counties.
(2)
The board of county commissioners shall:
(a)
Procure books in which the copies made pursuant to subsection (1) of this section shall be maintained;
(b)
Obtain stationery; and
(c)
Fix the compensation of the person employed to procure and make copies of field notes and plats pursuant to subsection (1) of this section whether by contract or otherwise which shall be paid out of the county treasury in the same manner as other expenses are paid.
(3)
(a)
The copies of field notes and plats made pursuant to subsection (1) of this section shall be filed in the office of the county clerk and recorder of the proper county and shall thereafter be a part of the public records of such county.
(b)
Records or copies made and maintained pursuant to this section, when certified by the county clerk and recorder, shall be evidence in all courts and places in this state.
L. 94: Entire article R&RE, p. 1512, § 46, effective July 1.
The provisions of this section are similar to provisions of several former sections as they existed prior to 1994.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 50 - SURVEY PLATS AND MONUMENT RECORDS - GENERAL PROVISIONS (§§ 38-50-101 — 38-50-103) › Section 38-50-103 - Public records - monument records

(1)
The state board of licensure for architects, professional engineers, and professional land surveyors, created in section
12-120-103
, shall employ personnel at the expense of such board's licensed professional land surveyors to maintain a record-keeping and indexing system for all monument records submitted in accordance with section
38-53-104
.
(2)
(a)
The state board of licensure for architects, professional engineers, and professional land surveyors shall provide, free of charge, a copy of each monument record submitted in accordance with section
38-53-104
to the county clerk and recorder for the county in which the monument is located.
(b)
Each county clerk and recorder shall maintain copies of monument records in a county record-keeping and indexing system and, upon receipt of each monument record provided pursuant to paragraph (a) of this subsection (2), shall list it in the system.
(c)
Records maintained pursuant to this section shall be open to public inspection during normal business hours.
(3)
Certified copies of monument records of the state board of licensure for architects, professional engineers, and professional land surveyors shall be evidence in all courts and places in this state.
(4)
No fee shall be charged by the state board of licensure for architects, professional engineers, and professional land surveyors for the submission of monument records. The cost of maintaining the record-keeping and indexing system for monument records shall be recouped as part of the renewal fees charged to licensees, which fees shall be calculated to cover the costs of the staff and equipment necessary to maintain the record-keeping and indexing system.
Amended by 2019 Ch. 136,§ 245, eff. 10/1/2019.
Amended by 2013 Ch. 356,§ 35, eff. 7/1/2013.
L. 94: Entire article R&RE, p. 1513, § 46, effective July 1. L. 2004: (1), (2)(a), (3), and (4) amended, p. 1316, § 71, effective May 28. L. 2006: (1), (2)(a), (3), and (4) amended, p. 743, § 12, effective July 1. L. 2013: (1), (2)(a), (2)(b), and (4) amended, (SB 13-161), ch. 2093, p. 2093, § 35, effective July 1. L. 2019: (1) amended, (HB 19-1172), ch. 1727, p. 1727, § 245, effective October 1.
This section is similar to former § 38-53-110, as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 51 - MINIMUM STANDARDS FOR LAND SURVEYS AND PLATS (§§ 38-51-101 — 38-51-111) › Section 38-51-101 - Applicability - state - county - local - persons

The provisions of this article shall apply to all agencies of state, county, and local government as well as to individuals, corporations, and partnerships engaged in the private practice of land surveying. This article shall not apply to the location or relocation of mining claims pursuant to article
43
of title
34
, C.R.S.
L. 94: Entire article R&RE, p. 1513, § 47, effective July 1.
This section is similar to former § 38-51-103, as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 51 - MINIMUM STANDARDS FOR LAND SURVEYS AND PLATS (§§ 38-51-101 — 38-51-111) › Section 38-51-103 - Procedure for subdividing section

(1)
Whenever a professional land surveyor conducts a survey for the purpose of locating a parcel of land which is described in terms of the nomenclature of the public land survey system, such professional land surveyor shall proceed according to the applicable rules contained in the current "Manual of Instructions for the Survey of the Public Lands of the United States" published by the United States government printing office; except that all monumentation shall conform to section
38-51-104
.
(2)
(a)
A section may be subdivided by:
(I)
Surveying all necessary aliquot lines in the field; or
(II)
Computing the location of the required aliquot corners after making a field survey which includes all required control corners of the section.
(b)
Any section subdivided pursuant to paragraph (a) of this subsection (2) shall include all control corners that were originally monumented by the United States government, which must either be found or restored in the field according to the standards set forth in section
38-51-104
.
(c)
Monument records shall be filed pursuant to section
38-53-104
, describing each such corner.
(d)
For any section subdivided pursuant to this subsection (2) the location of original aliquot corners of, and procedures used in, the governing official United States government survey, where applicable, shall take precedence.
L. 94: Entire article R&RE, p. 1516, § 47, effective July 1.
This section is similar to former § 38-50-101, as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 51 - MINIMUM STANDARDS FOR LAND SURVEYS AND PLATS (§§ 38-51-101 — 38-51-111) › Section 38-51-107 - Required plats

(1)
Every professional land surveyor who accepts a monument while performing a monumented land survey shall prepare and deposit a plat if such monument is not of record either in the clerk and recorder's office of the county in which the monument lies or in the public office designated by the county commissioners pursuant to section
38-50-101(2)
or if such monument is set pursuant to section
38-51-104
.
(2)
No plat shall be required to be prepared or deposited if the monuments accepted or set are within a platted subdivision that was filed in the clerk and recorder's office within the previous twenty years.
(3)
Plats required pursuant to this section shall comply with section
38-50-101
.
L. 94: Entire article R&RE, p. 1520, § 47, effective July 1. L. 97: (2) amended, p. 151, § 1, effective March 28. L. 2004: Entire section amended, p. 1317, § 75, effective May 28.
This section is similar to former § 38-51-107(1), as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 51 - MINIMUM STANDARDS FOR LAND SURVEYS AND PLATS (§§ 38-51-101 — 38-51-111) › Section 38-51-108 - Improvement location certificate

(1)
A professional land surveyor may prepare an improvement location certificate for the use of a specific client based upon the professional land surveyor's general knowledge of land boundaries and monuments in a given area whether or not the client is the owner or buyer; except that, if the client is not the owner or buyer, the professional land surveyor shall provide a copy of the certificate to the owner or buyer.
(2)
(a)
(I)
A certificate prepared pursuant to subsection (1) of this section shall not be designated as or construed as being a land survey plat or improvement survey plat.
(II)
Such certificate shall be prominently labeled "improvement location certificate" and contain a statement in the following form:
IMPROVEMENT LOCATION CERTIFICATE
I hereby certify that this improvement location certificate was prepared for .... (individual or firm) ...., that it is not a land survey plat or improvement survey plat, and that it is not to be relied upon for the establishment of fence, building, or other future improvement lines. This certificate is valid only for use by .... (individual or firm) .... and describes the parcel's appearance on .... (date) ....
I further certify that the improvements on the above described parcel on this date, .... (insert date) ...., except utility connections, are entirely within the boundaries of the parcel, except as shown, that there are no encroachments upon the described premises by improvements on any adjoining premises, except as indicated, and that there is no apparent evidence or sign of any easement crossing or burdening any part of said parcel, except as noted.
Stamp By ............ (Signed) .............
or
Seal Date ...................................
(b)
A professional land surveyor shall assume full liability for each improvement location certificate done by such professional land surveyor or under such professional land surveyor's responsible charge pursuant to paragraph (a) of this subsection (2).
Amended by 2013 Ch. 356, § 38, eff. 7/1/2013.
L. 94: Entire article R&RE, p. 1521, § 47, effective July 1. L. 2013: (1) and (2)(a)(II) amended, (SB 13-161), ch. 356, p. 2094, § 38, effective July 1.
This section is similar to former § 38-51-105, as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 51 - MINIMUM STANDARDS FOR LAND SURVEYS AND PLATS (§§ 38-51-101 — 38-51-111) › Section 38-51-109 - Unlawful sale

(1)
It is unlawful for any person to offer to sell, to sell, or otherwise to receive remuneration for any map or plat which purports to be a survey map or plat unless such map or plat conforms with the standards, requirements, and terminology of the provisions of this article.
(2)
It is unlawful for any person to offer to sell, to sell, or otherwise to receive remuneration for any document, sketch, or diagram which purports to be an improvement location certificate unless such document, sketch, or diagram conforms with the standards, requirements, and terminology of this article.
L. 94: Entire article R&RE, p. 1521, § 47, effective July 1.
This section is similar to former § 38-51-106, as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 51 - MINIMUM STANDARDS FOR LAND SURVEYS AND PLATS (§§ 38-51-101 — 38-51-111) › Section 38-51-109.3 - Geographic information system positions - professional land surveyor

(1)
A professional land surveyor shall be exempt from the requirements of section
38-51-103
when making a GIS land position determination. A GIS land position made by a professional land surveyor shall have the following limitations:
(a)
It does not meet the requirements of a land survey as defined in section
38-51-102(11)
.
(b)
It shall not establish the location of any aliquot or control corner as they are defined in subsections (2) and (6) of section
38-51-102
until complete research and corner evaluation are performed to meet the requirements as provided in this article.
L. 97: Entire section added, p. 145, § 2, effective August 6; (1)(b) amended, p. 1032, § 70, effective August 6.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 51 - MINIMUM STANDARDS FOR LAND SURVEYS AND PLATS (§§ 38-51-101 — 38-51-111) › Section 38-51-110 - Violations

(1)
It is the responsibility of the district attorneys of this state to prosecute any person suspected of willfully and knowingly violating this article.
(2)
Any person, including the responsible official of any agency of state, county, or local government, who willfully and knowingly violates this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred fifty dollars or more than one thousand five hundred dollars.
(3)
(a)
The board may revoke the licensure of any professional land surveyor convicted under the provisions of this article.
(b)
Any person whose licensure is revoked pursuant to paragraph (a) of this subsection (3) shall be entitled to a hearing on such revocation pursuant to article
4
of title
24
, C.R.S., and may appeal any decision of the board to a court of competent jurisdiction.
L. 94: Entire article R&RE, p. 1522, § 47, effective July 1. L. 97: (3)(b) amended, p. 1630, § 8, effective July 1. L. 2004: (3) amended, p. 1318, § 76, effective May 28.
This section is similar to former § 38-51-104, as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 51 - MINIMUM STANDARDS FOR LAND SURVEYS AND PLATS (§§ 38-51-101 — 38-51-111) › Section 38-51-111 - Surveyor's affidavit of correction

(1)
If an error described in subsection (2) of this section is discovered on any subdivision plat, land survey plat, or any other survey plat or parcel description duly recorded in the clerk and recorder's office of the county in which the subdivision, land, or parcel is situated, the professional land surveyor of record may prepare and record in that clerk and recorder's office a surveyor's affidavit of correction to correct the error.
(2)
The following errors may be corrected by a surveyor's affidavit of correction:
(a)
Any bearing, distance, or elevation that has been omitted or labeled incorrectly;
(b)
Any text that has been misspelled or mislabeled;
(c)
Any error or omission, if the error or omission is ascertainable from the data shown on the recorded plat or parcel description; or
(d)
An error within a parcel description shown on a recorded plat.
(3)
The surveyor's affidavit of correction shall contain a reference to the recording information of the document being corrected and the signature and seal of the professional land surveyor of record, and shall not be subject to review before being recorded pursuant to subsection (4) of this section. The professional land surveyor of record shall submit a copy of the surveyor's affidavit of correction to the appropriate reviewing authority, citing the specific provision under subsection (2) of this section that applies to the error being corrected.
(4)
The clerk and recorder of the county in which a surveyor's affidavit of correction is submitted for recording shall record the affidavit in the clerk and recorder's office of the county in which the property lies and provide at least one of the following:
(a)
A clerk's note referring to the surveyor's affidavit of correction upon the recorded plat or parcel description; or
(b)
An electronic reference to the surveyor's affidavit of correction for the recorded plat or parcel description.
(5)
Nothing in this section shall be construed to permit changes in courses, distances, or elevations for the purpose of redesigning any lot, tract, or parcel configurations.
(6)
A surveyor's affidavit of correction shall not be recorded for a correction not listed in subsection (2) of this section.
L. 2010: Entire section added, (HB 10-1085), ch. 95, p. 324, §5, effective August 11.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 52 - COLORADO COORDINATE SYSTEM (§§ 38-52-101 — 38-52-107) › Section 38-52-101 - Colorado coordinate system zones defined

(1)
The systems of plane coordinates which have been established by the national ocean service/national geodetic survey (formerly the United States coast and geodetic survey) or its successors for defining and stating the geographic positions or locations of points on the surface of the earth within the state of Colorado are, on and after July 1, 1988, to be known and designated as the Colorado coordinate system of 1927 and the Colorado coordinate system of 1983.
(2)
For the purpose of the use of these systems, the state is divided into a north zone, a central zone, and a south zone.
(3)
The area now included in the following counties shall constitute the north zone: Moffat, Routt, Jackson, Larimer, Weld, Logan, Sedgwick, Rio Blanco, Grand, Boulder, Gilpin, Adams, Morgan, Washington, Phillips, and Yuma.
(4)
The area now included in the following counties shall constitute the central zone: Garfield, Eagle, Summit, Clear Creek, Jefferson, Denver, Arapahoe, Lincoln, Kit Carson, Mesa, Delta, Pitkin, Gunnison, Lake, Chaffee, Park, Fremont, Teller, Douglas, El Paso, Elbert, and Cheyenne.
(5)
The area now included in the following counties shall constitute the south zone: Montrose, Ouray, Hinsdale, Saguache, Custer, Pueblo, Crowley, Kiowa, San Miguel, San Juan, Mineral, Rio Grande, Alamosa, Huerfano, Otero, Bent, Prowers, Dolores, Montezuma, La Plata, Archuleta, Conejos, Costilla, Las Animas, and Baca.
L. 88: Entire article R&RE, p. 516, § 32, effective July 1.
This section is similar to former § 38-52-101, as it existed prior to 1988.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 52 - COLORADO COORDINATE SYSTEM (§§ 38-52-101 — 38-52-107) › Section 38-52-102 - Colorado coordinate system names defined

(1)
As established for use in the north zone, the Colorado coordinate system of 1927 or the Colorado coordinate system of 1983 shall be named; and, in any land description in which it is used, it shall be designated the Colorado coordinate system of 1927 north zone or the Colorado coordinate system of 1983 north zone.
(2)
As established for use in the central zone, the Colorado coordinate system of 1927 or the Colorado coordinate system of 1983 shall be named; and, in any land description in which it is used, it shall be designated the Colorado coordinate system of 1927 central zone or the Colorado coordinate system of 1983 central zone.
(3)
As established for use in the south zone, the Colorado coordinate system of 1927 or the Colorado coordinate system of 1983 shall be named; and, in any land description in which it is used, it shall be designated the Colorado coordinate system of 1927 south zone or the Colorado coordinate system of 1983 south zone.
L. 88: Entire article R&RE, p. 517, § 32, effective July 1.
This section is similar to former § 38-52-102, as it existed prior to 1988.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 52 - COLORADO COORDINATE SYSTEM (§§ 38-52-101 — 38-52-107) › Section 38-52-103 - Colorado coordinate system defined

(1)
The plane coordinate values for a point on the earth's surface, used to express the geographic position or location of such point in the appropriate zone of this system, shall consist of two distances expressed in United States survey feet and decimals of a foot when using the Colorado coordinate system of 1927. One of these distances, to be known as the x-coordinate, shall give the position in an east-west direction; the other, to be known as the y-coordinate, shall give the position in a north-south direction. These coordinates shall be made to depend upon and conform to plane rectangular coordinate values for the monumented points of the North American horizontal geodetic control network as published by the national ocean survey/national geodetic survey (formerly the United States coast and geodetic survey), or its successors, and the plane coordinates of which have been computed on the systems defined in this article. Any such station may be used for establishing a survey connection to either Colorado coordinate system.
(2)
For the purposes of converting coordinates of the Colorado coordinate system of 1983 from meters to feet, the U.S. Survey Foot shall be used. The conversion factor is: One meter equals 3937/1200 feet.
L. 88: Entire article R&RE, p. 517, § 32, effective July 1. L. 92: (2) amended, p. 2102, § 1, effective March 16.
This section is similar to former § 38-52-103, as it existed prior to 1988.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 52 - COLORADO COORDINATE SYSTEM (§§ 38-52-101 — 38-52-107) › Section 38-52-104 - Federal and state coordinate description same tract - federal precedence

(1)
Whenever coordinates based on the Colorado coordinate system are used to describe any tract of land which in the same document is also described by reference to any subdivision, line, or corner of the United States public land surveys, the description by coordinates shall be construed as supplemental to the basic description of such subdivision, line, or corner contained in the official plats and field notes filed of record, and, in the event of any conflict, the description by reference to the subdivision, line, or corner of the United States public land surveys shall prevail over the description by coordinates, unless said coordinates are upheld by adjudication, at which time the coordinate description will prevail.
(2)
Nothing in this article shall require any purchaser or mortgagee to rely on a description, any part of which depends exclusively upon the Colorado coordinate system, unless such description has been adjudicated as provided in this section.
L. 88: Entire article R&RE, p. 517, § 32, effective July 1.
This section is similar to former §§ 38-52-108 and 38-52-109, as they existed prior to 1988.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 52 - COLORADO COORDINATE SYSTEM (§§ 38-52-101 — 38-52-107) › Section 38-52-106 - Colorado coordinate system - use of term

The use of the term "Colorado coordinate system of 1927 north zone, central zone, or south zone" or "Colorado coordinate system of 1983 north zone, central zone, or south zone" on any map, report of survey, or other document shall be limited to coordinates based on the Colorado coordinate systems as defined in this article. Such map, report, or document shall include a statement describing the standard of accuracy, as defined by the national ocean survey/national geodetic survey, maintained in developing the coordinates shown therein.
L. 88: Entire article R&RE, p. 519, § 32, effective July 1.
This section is similar to former § 38-52-107, as it existed prior to 1988.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 52 - COLORADO COORDINATE SYSTEM (§§ 38-52-101 — 38-52-107) › Section 38-52-107 - Severability

If any provision of this article is declared invalid, such invalidity shall not affect any other portion of this article, which can be given effect without the invalid provision; and, to this end, the provisions of this article are declared severable.
L. 88: Entire article R&RE, p. 519, § 32, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 53 - PERPETUATION OF LAND SURVEY MONUMENTS (§§ 38-53-101 — 38-53-110) › Section 38-53-101 - Legislative declaration

It is hereby declared to be a public policy of this state to encourage the establishment and preservation of accurate land boundaries, including durable monuments and complete public records, and to minimize the occurrence of land boundary disputes and discrepancies.
L. 94: Entire article R&RE, p. 1522, § 48, effective July 1.
This section is similar to former § 38-53-101, as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 53 - PERPETUATION OF LAND SURVEY MONUMENTS (§§ 38-53-101 — 38-53-110) › Section 38-53-102 - Applicability - state - county - local - persons

The provisions of this article shall apply to all agencies of state, county, and local government as well as to individuals, corporations, and partnerships engaged in the private practice of land surveying.
L. 94: Entire article R&RE, p. 1522, § 48, effective July 1.
This section is similar to former § 38-53-111, as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 53 - PERPETUATION OF LAND SURVEY MONUMENTS (§§ 38-53-101 — 38-53-110) › Section 38-53-104 - Submission of monument record required

(1)
(a)
If a professional land surveyor conducts a survey that uses any monument representing a public land survey monument location, quarter section corner, sixteenth section corner, government land office or bureau of land management (government) lot corner as defined by the nomenclature of the United States public land survey system, or any United States geological survey or United States coast and geodetic survey (also known as the national ocean service/national geodetic survey) monument as a control corner, the professional land surveyor shall submit a monument record describing such monument with the board if the monument and its accessories are not substantially described in an existing monument record previously submitted pursuant to this section or its predecessor.
(b)
If a professional land surveyor establishes, restores, or rehabilitates any public land survey monument corner location or section corner, quarter section corner, or sixteenth section corner as defined by the nomenclature of the United States public land survey system, the professional land surveyor shall submit a monument record.
(c)
Any monument record submitted pursuant to this section must describe at least two accessories or reference points.
(2)
A professional land surveyor shall submit a monument record within six months after the date on which the monument was used as control or was established, restored, or rehabilitated.
Amended by 2013 Ch. 356,§ 39, eff. 7/1/2013.
L. 94: Entire article R&RE, p. 1525, § 48, effective July 1. L. 2006: (1)(a) and (1)(b) amended, p. 338, § 1, effective August 7. L. 2013: Entire section amended, (SB 13-161), ch. 356, p. 2094, § 39, effective July 1.
This section is similar to former § 38-53-103, as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 53 - PERPETUATION OF LAND SURVEY MONUMENTS (§§ 38-53-101 — 38-53-110) › Section 38-53-105 - Professional land surveyor must rehabilitate monuments

For any monument record of a public land survey corner which is required to be submitted pursuant to this article, the professional land surveyor shall restore or rehabilitate the corner monument so it is readily identifiable and reasonably durable, if field conditions require it.
Amended by 2013 Ch. 356,§ 40, eff. 7/1/2013.
L. 94: Entire article R&RE, p. 1525, § 48, effective July 1. L. 2013: Entire section amended, (SB 13-161), ch. 356, p. 2095, § 40, effective July 1.
This section is similar to former § 38-53-104, as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 53 - PERPETUATION OF LAND SURVEY MONUMENTS (§§ 38-53-101 — 38-53-110) › Section 38-53-106 - Form of monument records - prescribed by board

The board shall adopt and revise as necessary the form and technical specifications for submission of monument records, including the information to be included with, or as part of, the records.
Amended by 2013 Ch. 356,§ 41, eff. 7/1/2013.
L. 94: Entire article R&RE, p. 1525, § 48, effective July 1. L. 2013: Entire section amended, (SB 13-161), ch. 356, p. 2095, § 41, effective July 1.
This section is similar to former § 38-53-105, as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 53 - PERPETUATION OF LAND SURVEY MONUMENTS (§§ 38-53-101 — 38-53-110) › Section 38-53-107 - Monument records - conditions for acceptance

The board shall not accept a monument record unless it complies with the form and technical specifications established by the board under section
38-53-106
and is signed, sealed, or otherwise authenticated by the professional land surveyor who was in responsible charge of the work.
Amended by 2013 Ch. 356,§ 42, eff. 7/1/2013.
L. 94: Entire article R&RE, p. 1525, § 48, effective July 1. L. 2013: Entire section amended, (SB 13-161), ch. 356, p. 2095, § 42, effective July 1.
This section is similar to former § 38-53-106, as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 53 - PERPETUATION OF LAND SURVEY MONUMENTS (§§ 38-53-101 — 38-53-110) › Section 38-53-108 - Submission permitted on any survey monument

A professional land surveyor may submit a monument record describing any land survey monument, accessory, or bench mark with the board.
Amended by 2013 Ch. 356,§ 43, eff. 7/1/2013.
L. 94: Entire article R&RE, p. 1525, § 48, effective July 1. L. 2013: Entire section amended, (SB 13-161), ch. 356, p. 2096, § 43, effective July 1.
This section is similar to former § 38-53-107, as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 53 - PERPETUATION OF LAND SURVEY MONUMENTS (§§ 38-53-101 — 38-53-110) › Section 38-53-109 - Fees

The board shall not charge a fee for submissions related to public land survey monuments and their accessories and aliquot corners or bench marks. For all other filings, the board may establish a fee pursuant to section
12-20-105
, which shall be payable to the board at the time of submission.
Amended by 2019 Ch. 136,§ 248, eff. 10/1/2019.
Amended by 2013 Ch. 356,§ 44, eff. 7/1/2013.
L. 94: Entire article R&RE, p. 1525, § 48, effective July 1. L. 2013: Entire section amended, (SB 13-161), ch. 2096, p. 2096, § 44, effective July 1. L. 2019: Entire section amended, (HB 19-1172), ch. 1727, p. 1727, § 248, effective October 1.
This section is similar to former § 38-53-109, as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › SURVEY PLATS AND MONUMENT RECORDS (§§ 38-50-101 — 38-53-110) › Article 53 - PERPETUATION OF LAND SURVEY MONUMENTS (§§ 38-53-101 — 38-53-110) › Section 38-53-110 - Violations

(1)
It is the responsibility of the district attorneys of this state to prosecute any person suspected of willfully and knowingly violating this article.
(2)
Any person, including the responsible official of any agency of state, county, or local government, who willfully and knowingly violates this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred fifty dollars or more than one thousand five hundred dollars.
(3)
(a)
The board may revoke the licensure of any professional land surveyor convicted under the provisions of this article.
(b)
Any person whose licensure is revoked pursuant to paragraph (a) of this subsection (3) shall be entitled to a hearing on such revocation, pursuant to article
4
of title
24
, C.R.S., and may appeal any decision of the board to a court of competent jurisdiction.
L. 94: Entire article R&RE, p. 1526, § 48, effective July 1. L. 97: (3)(b) amended, p. 1631, § 10, effective July 1. L. 2004: (3) amended, p. 1318, § 78, effective May 28.
This section is similar to former § 38-51-104, as it existed prior to 1994.
2023 Colorado Revised Statutes › Title 39 - TAXATION (§§ 39-1-101 — 39-37-301) › PROPERTY TAX (§§ 39-1-101 — 39-14-103) › General and Administrative (§§ 39-1-101 — 39-2-131) › Article 1 - General Provisions (§§ 39-1-101 — 39-1-125) › Section 39-1-101 - Legislative declaration

The general assembly declares that its purpose in enacting articles
1
to
13
of this title is to exercise the authority granted in section 3 of article X of the state constitution wherein it is provided, among other things, that "the actual value of all real and personal property not exempt from taxation under this article shall be determined under general laws, which shall prescribe such methods and regulations as shall secure just and equalized valuations for assessment of all real and personal property not exempt from taxation under this article". It further declares that it intends to fix the percentage of such determined actual value at which all such property shall be assessed for taxation. It further declares that the actual value of certain classes of real property may not be able to be determined after appropriate consideration of the three approaches to value; therefore, it is incumbent upon the general assembly to provide for a means to determine the actual value of such taxable property, and, to effect this result, the general assembly hereby finds and declares that, when appropriate consideration of the three approaches to value fails to derive an actual value for such property, the actual value of such property shall be determined by comparison of the surface use of such property to property with a similar surface use. It further declares that the actual value of nonproducing oil, gas, and oil and gas mineral interests shall be determined by the income approach capitalizing annual net rental income at an appropriate market rate. To these ends, the provisions of said articles shall be strictly construed.
L. 64: R&RE, p. 675, § 1. C.R.S. 1963: § 137-1-2. L. 83: Entire section amended, p. 1480, § 1, effective April 22. L. 85: Entire section amended, p. 1209, § 1, effective May 9.
2023 Colorado Revised Statutes › Title 39 - TAXATION (§§ 39-1-101 — 39-37-301) › PROPERTY TAX (§§ 39-1-101 — 39-14-103) › General and Administrative (§§ 39-1-101 — 39-2-131) › Article 1 - General Provisions (§§ 39-1-101 — 39-1-125) › Section 39-1-101.5 - Legislative declaration - taxpayer rights

The general assembly hereby finds and declares that section 3 of article X of the state constitution was approved in 1982 by the voters of Colorado in order to ensure the fair and uniform valuation for assessment of real and personal property located in Colorado; that, since the adoption of said constitutional amendment, the property tax system in Colorado has developed into an impersonal system which is more concerned with the mechanisms to levy and collect such property tax than with the fair and courteous treatment of the owners of real and personal property who pay such tax; that the purpose of the property tax system is to raise revenues to be used for purposes which benefit the citizens of Colorado, including such property owners; that property owners accept their civic responsibility to pay their fair share of taxes to be used for such purposes; that all levels of government involved in the property tax system should recognize that they exist to serve their citizens; and that the owners of real and personal property should be accorded the respect and courtesy which they deserve and should be provided such services which are necessary to assist them in complying with the property tax laws of this state.
L. 88: Entire section added, p. 1276, § 1, effective 1/1/1989.
2023 Colorado Revised Statutes › Title 39 - TAXATION (§§ 39-1-101 — 39-37-301) › PROPERTY TAX (§§ 39-1-101 — 39-14-103) › General and Administrative (§§ 39-1-101 — 39-2-131) › Article 1 - General Provisions (§§ 39-1-101 — 39-1-125) › Section 39-1-103.5 - Restrictions on information

The state board of equalization or the administrator shall not require any person to furnish financial information concerning commercial or industrial property, except as to the value of the real property for rental purposes only. This section shall not apply to public utilities.
L. 77: Entire section added, p. 1731, § 3, effective June 20.
2023 Colorado Revised Statutes › Title 39 - TAXATION (§§ 39-1-101 — 39-37-301) › PROPERTY TAX (§§ 39-1-101 — 39-14-103) › General and Administrative (§§ 39-1-101 — 39-2-131) › Article 1 - General Provisions (§§ 39-1-101 — 39-1-125) › Section 39-1-103.8 - [Repealed]

Repealed by 2021 Ch. 301, § 1, eff. 6/23/2021.
L. 2020: Entire section added, (SB 20-223), ch. 1436, p. 1436, § 1, effective 1/1/2021. L. 2021: Entire section repealed, (SB 21-293), ch. 1806, p. 1806, § 1, effective June 23.
Section 5(2) of chapter 291 (SB 20-223), Session Laws of Colorado 2020, provides that this section takes effect on the date of the governor's proclamation or January 1, 2021, whichever is later, only if, at the November 2020 statewide election, a majority of voters approve the ballot issue referred in accordance with section 2 of Senate Concurrent Resolution 20-001. The ballot issue, referred to voters as amendment B, was approved on November 3, 2020, and was proclaimed by the Governor on December 31, 2020. The vote count for the measure was as follows:
FOR: 1,740,395
AGAINST: 1,285,136
Added by 2020 Ch. 291, § 1, eff. 1/1/2021.
2023 Colorado Revised Statutes › Title 39 - TAXATION (§§ 39-1-101 — 39-37-301) › PROPERTY TAX (§§ 39-1-101 — 39-14-103) › General and Administrative (§§ 39-1-101 — 39-2-131) › Article 1 - General Provisions (§§ 39-1-101 — 39-1-125) › Section 39-1-104.1 - [Repealed]

L. 87: Entire section added, p. 1389, § 10, effective June 21. L. 95: Entire section repealed, p. 9, § 5, effective March 9.
2023 Colorado Revised Statutes › Title 39 - TAXATION (§§ 39-1-101 — 39-37-301) › PROPERTY TAX (§§ 39-1-101 — 39-14-103) › General and Administrative (§§ 39-1-101 — 39-2-131) › Article 1 - General Provisions (§§ 39-1-101 — 39-1-125) › Section 39-1-104.3 - [Repealed]

Repealed by 2023EX1 Ch. 1,§ 7, eff. 11/20/2023.
Repealed by 2023 Ch. 258,§ 10, eff. 11/20/2023 (passed by voters at 11/7/2023 election).
Added by 2022 Ch. 157, § 3, eff. 5/16/2022.
2023 Colorado Revised Statutes › Title 39 - TAXATION (§§ 39-1-101 — 39-37-301) › PROPERTY TAX (§§ 39-1-101 — 39-14-103) › General and Administrative (§§ 39-1-101 — 39-2-131) › Article 1 - General Provisions (§§ 39-1-101 — 39-1-125) › Section 39-1-104.4 - Adjustment of residential rate

(1)
The valuation for assessment for residential real property other than multi-family residential real property for the property tax year commencing on January 1, 2024, is equal to the percentage necessary for the following to equal a total of seven hundred million dollars:
(a)
The aggregate reduction of local government property tax revenue during the property tax year commencing on January 1, 2023, as a result of the changes made in Senate Bill 22-238, enacted in 2022, exclusive of any changes made in Senate Bill 23B-001, enacted in 2023, that reduced valuations for assessment set forth pursuant to sections
39-1-104 (1)(b)
and (1.8)(b), 39-1-104.2 (3)(q)(II) and (3)(r)(II), and 39-3-104.3 (2); and
(b)
The aggregate reduction of local government property tax revenue during the property tax year commencing on January 1, 2024, as a result of the reduced valuations for assessment set forth pursuant to sections
39-1-104
(1.8)(a) and 39-1-104.2 (3)(q)(I) and (3)(r)(III) for the property tax year commencing on January 1, 2024.
(2)
On or before March 21, 2024, based on the information available on that date, the property tax administrator shall submit a report to the general assembly calculating the ratio of valuation for assessment specified in subsection (1) of this section.
Amended by 2023EX1 Ch. 1,§ 8, eff. 11/20/2023.
Repealed by 2023 Ch. 258,§ 10, eff. 11/20/2023 (passed by voters at 11/7/2023 election).
Added by 2022 Ch. 157, § 4, eff. 5/16/2022.
2023 Colorado Revised Statutes › Title 39 - TAXATION (§§ 39-1-101 — 39-37-301) › PROPERTY TAX (§§ 39-1-101 — 39-14-103) › General and Administrative (§§ 39-1-101 — 39-2-131) › Article 1 - General Provisions (§§ 39-1-101 — 39-1-125) › Section 39-1-104.5 - Severed mineral interest - placement on tax roll

Any owner of the surface estate from which a mineral interest has been severed, on behalf of himself and any other owners of such interest in the surface, may require the assessor of the county wherein such real estate is situate to place such severed mineral interest, without regard to value, on the tax roll of the county if the owner of the surface estate provides proof of ownership of the severed mineral interest and a record of the creation of the severed mineral interest as shown by the records of the county clerk and recorder. Proof of ownership and the record of creation of the severed mineral interest shall be provided in the form of a certificate prepared by an attorney, a title insurance company, or a title insurance agent authorized to do business in this state.
L. 79: Entire section added, p. 1405, § 1, effective July 1. L. 83: Entire section amended, p. 512, § 3, effective May 16.
2023 Colorado Revised Statutes › Title 39 - TAXATION (§§ 39-1-101 — 39-37-301) › PROPERTY TAX (§§ 39-1-101 — 39-14-103) › General and Administrative (§§ 39-1-101 — 39-2-131) › Article 1 - General Provisions (§§ 39-1-101 — 39-1-125) › Section 39-1-105 - Assessment date

All taxable property, real and personal, within the state at twelve noon on the first day of January of each year, designated as the official assessment date, shall be listed, appraised, and valued for assessment in the county wherein it is located on the assessment date. Personal property shall be listed and valued separately from real property. Whenever construction of any new taxable building within the boundaries of a county occurs subsequent to the assessment date but before July 1 and such county has resolved to implement the procedures set out in section
39-5-132
, such building shall be listed, appraised, and valued pursuant to section
39-5-132
.
L. 64: R&RE, p. 677, § 1. C.R.S. 1963: § 137-1-5. L. 85: Entire section amended, p. 1226, § 2, effective 1/1/1986. L. 86: Entire section amended, p. 1222, § 35, effective May 30.
For property brought into the state after assessment date, see § 39-5-110 ; for property destroyed after the assessment date, see § 39-5-117 ; for the procedure for exclusion of property within a municipality from a special district and for the effect of such an exclusion order, see §§ 32-1-502 and 32-1-503 .
2023 Colorado Revised Statutes › Title 39 - TAXATION (§§ 39-1-101 — 39-37-301) › PROPERTY TAX (§§ 39-1-101 — 39-14-103) › General and Administrative (§§ 39-1-101 — 39-2-131) › Article 1 - General Provisions (§§ 39-1-101 — 39-1-125) › Section 29-2-214 - Collection of sales tax - enhanced efficiencies - intergovernmental agreements with local governments - legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
It is in the best interest of the state, local governments, and taxpayers to have sales tax collected in the most efficient and effective manner feasible;
(b)
Sales taxes can be administered and collected most efficiently when the governmental entities that collect the taxes cooperate and share responsibilities to collect and distribute revenues from the taxes;
(c)
The administrative burden on taxpayers is lessened when governmental entities cooperate and agree on the processes used to administer and collect sales taxes;
(d)
Broad authority and precedent exist for governmental entities to operate more efficiently and effectively by contracting with each other to cooperate in carrying out their respective responsibilities;
(e)
The purpose of this section is to encourage the state to work cooperatively with counties and other local governments in the administration and collection of sales taxes in the state to enhance efficiencies and procedures for the benefit of both the department of revenue and local governments.
(2)
The executive director of the department of revenue may enter into an intergovernmental agreement with any county for the purpose of enhancing the systemic efficiencies and procedures used in the collection of state and local sales taxes. Such agreement shall be entered into on behalf of and for the benefit of both the county and the department. In addition, a municipality may be included as a party to the agreement to further the same efficiencies and procedures to be enhanced by the agreement between the executive director and a county. The agreement may allow the parties to share in providing any function or service lawfully authorized to each of the parties, including the sharing of costs, information, or duties related to the collection of sales taxes within the boundaries of the county.
(3)
The executive director of the department of revenue shall annually provide information to the finance committees of the house of representatives and the senate, or any successor committees, on any agreements entered into in accordance with the provisions of this section and any enhanced effectiveness or procedures that have been achieved as result of the agreements. Such information shall be incorporated into an existing report provided on annual basis by the executive director to the committees.
L. 2009: Entire section added, (HB 09 -1130), ch. 229, p. 1042, § 2, effective August 5.
2023 Colorado Revised Statutes › Title 39 - TAXATION (§§ 39-1-101 — 39-37-301) › PROPERTY TAX (§§ 39-1-101 — 39-14-103) › General and Administrative (§§ 39-1-101 — 39-2-131) › Article 1 - General Provisions (§§ 39-1-101 — 39-1-125) › Section 39-1-106 - Partial interests not subject to separate tax

For purposes of property taxation, it shall make no difference that the use, possession, or ownership of any taxable property is qualified, limited, not the subject of alienation, or the subject of levy or distraint separately from the particular tax derivable therefrom. Severed mineral interests shall also be taxed.
L. 64: R&RE, p. 677, § 1. C.R.S. 1963: § 137-1-6. L. 73: p. 1430, § 2. L. 96: Entire section amended, p. 1850, § 2, effective June 5. L. 2002: Entire section amended, p. 1008, § 2, effective August 7.