reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 26 - CONTRACTOR'S BONDS AND LIEN ON FUNDS (§§ 38-26-101 — 38-26-110) › Section 38-26-103 - Verified account to company - withhold payments

Every laborer, mechanic, ranchman, farmer, merchant, or other person performing any work or labor or furnishing any laborers, materials, ranch or farm products, provisions, goods, or supplies to any contractor or subcontractor in the construction of any railroad, reservoir, or irrigation canal, or any part thereof, used by such contractor or subcontractor in carrying on said work of construction whose demand for work, labor, laborers, material, ranch or farm products, provisions, goods, or supplies so furnished has not been paid may deliver to the company owning such railroad, reservoir, or irrigation canal, or to its agent, a verified account of the amount and value of the work and labor so performed or the laborers, material, ranch or farm products, provisions, goods, or supplies so furnished. Thereupon such company, or its agent, shall retain out of the subsequent payments to the contractor the amount of such unpaid account for the benefit of the person to whom the same is due.
L. 11: p. 491, § 2. C.L. § 6482. CSA: C. 39, § 2. CRS 53: § 86-7-2. C.R.S. 1963: § 86-7-2. L. 2000: Entire section amended, p. 212, § 16, effective August 2.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 26 - CONTRACTOR'S BONDS AND LIEN ON FUNDS (§§ 38-26-101 — 38-26-110) › Section 38-26-104 - Contractor furnished copy - undisputed accounts - condition

Whenever any verified account mentioned in section
38-26-103
is placed in the hands of any railroad, reservoir, or irrigating canal company, or its agent, it is the duty of such company to furnish the contractor with a copy of such verified account so that if there is any disagreement between the debtor and creditor as to the amount due the same may be amicably adjusted. If the contractor or subcontractor, if he is the debtor, does not give, within ten days after the receipt of such amount, the same railroad, reservoir, or irrigating canal company, or its agent, written notice that the claim is disputed, he shall be considered as assenting to its payment and the railroad, reservoir, or irrigating canal company, or its agent, shall be justified in paying the same when due and charging the same to the contractor. The person to whom any such debt is due and who delivers a verified account thereof as provided may recover the amount thereof in an action at law to the extent of any balance due by the railroad, reservoir, or irrigating canal company to the contractor at or after the time of delivering the verified account. Nothing in this section or in section
38-26-103
shall interfere with the right of action upon bonds provided for in section
38-26-102
or against the railroad, reservoir, or irrigating canal company for the full amount of any such debt in case of a failure of the company to take a bond.
L. 11: p. 492, § 3. C.L. § 6483. CSA: C. 39, § 3. CRS 53: § 86-7-3. C.R.S. 1963: § 86-7-3.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 26 - CONTRACTOR'S BONDS AND LIEN ON FUNDS (§§ 38-26-101 — 38-26-110) › Section 38-26-109 - Moneys for verified claims made - trust funds - disbursements - penalty

(1)
All funds disbursed to any contractor or subcontractor under any contract or project subject to the provisions of this article shall be held in trust for the payment of any person that has furnished labor, materials, sustenance, or other supplies used or consumed by the contractor in or about the performance of the work contracted to be done or that supplies laborers, rental machinery, tools, or equipment to the extent used in the prosecution of the work where the person has:
(a)
Filed or may file a verified statement of a claim arising from the project; or
(b)
Asserted or may assert a claim against a principal or surety under the provisions of this article and for whom or which such disbursement was made.
(2)
The requirements of this section shall not be construed so as to require a contractor or subcontractor to hold in trust any funds that have been disbursed to him or her for any person that has furnished labor, materials, sustenance, or other supplies used or consumed by the contractor or his or her subcontractor in the performance of the work contracted to be done; supplied laborers, rental machinery, tools, or equipment to the extent used in the prosecution of the work; filed or may file a verified statement of a claim arising from the project; or asserted or may assert a claim against a principal or surety that has furnished a bond under the provisions of this article if:
(a)
The contractor or subcontractor has a good faith belief that the verified statement of a claim or bond claim is not valid; or
(b)
The contractor or subcontractor, in good faith, claims a setoff, to the extent of such setoff.
(3)
Each contractor or subcontractor shall maintain separate records of account of each project or account; except that nothing in this section shall be construed to require a contractor or subcontractor to deposit trust funds from a single project in a separate bank account solely for that project as long as the trust funds are not disbursed in a manner that conflicts with the requirements of this section.
(4)
Any person who violates the provisions of subsections (1) and (2) of this section commits theft within the meaning of section
18-4-401
, C.R.S.
L. 2003: Entire section added, p. 1690, § 2, effective September 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 26 - CONTRACTOR'S BONDS AND LIEN ON FUNDS (§§ 38-26-101 — 38-26-110) › Section 38-26-110 - Excessive amounts claimed

(1)
Any person who files a verified statement of a claim or asserts a claim against a principal or surety that has furnished a bond under this article for an amount greater than the amount due without a reasonable possibility that the amount claimed is due and with the knowledge that the amount claimed is greater than the amount due, and that fact is demonstrated in any proceedings under this article, shall forfeit all rights to the amount claimed and shall be liable to the following in an amount equal to all costs and all attorney fees reasonably incurred in bonding over, contesting, or otherwise responding in any way to the excessive verified statement of claim or excessive bond claim:
(a)
The person to whom or which a disbursement would be made but for the verified statement of a claim or bond claim; or
(b)
The principal and surety on the bond.
L. 2003: Entire section added, p. 1690, § 2, effective September 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 27 - HOSPITAL LIENS (§§ 38-27-101 — 38-27-106) › Section 38-27-102 - Notice of lien

Such lien shall take effect if, prior to any such judgment, settlement, or compromise, a written notice of lien containing the name and address of the injured person, the date of the accident, the name and location of the hospital, and the name of the person alleged to be liable to the injured person for the injuries received is filed by the hospital in the office of the secretary of state. Hospital liens properly recorded with the division of insurance prior to July 1, 1994, shall be valid and enforceable without filing with the office of the secretary of state. Within ten days after such filing, the hospital shall mail by certified mail, return receipt requested, a copy of said notice to such injured person at the last address provided to the hospital by such person, to his or her attorney, if known, to the persons alleged to be liable to such injured person for the injuries sustained, if known, and to the insurance carriers, if known, which have insured such persons alleged to be liable against such liability. If an action for damages on account of such injuries or death is pending, the requirements of notice contained in this section shall be satisfied by the filing of the said notice of lien in the pending action, with copies thereof to the attorneys of record for the parties thereto.
L. 67: p. 880, § 1. C.R.S. 1963: § 86-8-2. L. 94: Entire section amended, p. 1555, § 11, effective July 1. L. 99: Entire section amended, p. 754, § 27, effective 1/1/2000. L. 2001: Entire section amended, p. 1433, § 15, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 27 - HOSPITAL LIENS (§§ 38-27-101 — 38-27-106) › Section 38-27-103 - Enforcement of lien and limitation of action

Any person, private or corporate, who pays over any money to any such injured person, his attorney, heirs, assigns, or legal representatives against whom there is a lien as provided in this article of which he has received notice as provided in this article is liable to the hospital having such lien for the amount thereof not exceeding the net amount paid to such injured person, his heirs, assigns, or legal representatives. Any action under this section shall be commenced within one year after the date of such payment, and the court shall allow a reasonable attorney's fee for the collection and enforcement of such lien.
L. 67: p. 881, § 1. C.R.S. 1963: § 86-8-3.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 27 - HOSPITAL LIENS (§§ 38-27-101 — 38-27-106) › Section 38-27-104 - Hospital to furnish itemized statement

Upon receipt of a written request mailed by certified mail, return receipt requested, from any person notified of such lien in accordance with the provisions of section
38-27-102
, such hospital shall, within ten days after receipt of such request, furnish such person with an itemized statement of all charges for which the lien is claimed. If such injured person has not been discharged from said hospital at the time such request is received, then the hospital shall recite that hospitalization or medical treatments are continuing and shall furnish the said itemized statement within ten days after such person has been discharged from said hospital. In addition to being furnished the said itemized statement, the person, private or corporate, against whom the lien is asserted shall also be permitted to examine the financial records of the said hospital in reference to the services furnished for which the hospital is asserting a lien.
L. 67: p. 881, § 1. C.R.S. 1963: § 86-8-4.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 27 - HOSPITAL LIENS (§§ 38-27-101 — 38-27-106) › Section 38-27-105 - Assignment of lien

Any party claiming a lien under the provisions of this article may assign, in writing, his claim and lien to any other party, who shall thereafter have all the rights and remedies of the assignor.
L. 67: p. 881, § 1. C.R.S. 1963: § 86-8-5.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 27 - HOSPITAL LIENS (§§ 38-27-101 — 38-27-106) › Section 38-27-106 - Applicability

This article shall apply only to liens for hospital services and care rendered on or after June 12, 1967.
L. 67: p. 881, § 2. C.R.S. 1963: § 86-8-6.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 27.5 - HEALTH-CARE PROVIDER LIENS (§§ 38-27.5-101 — 38-27.5-108) › Section 38-27.5-101 - Legislative declaration

(1)
The general assembly hereby finds and declares that:
(a)
Residents of the state who are injured as the result of the negligence or wrongful acts of another person should receive timely medical services and care for their injuries, even if they have limited or no health insurance;
(b)
Health-care providers sometimes provide medical services and care to injured persons and agree to delay payment for their services in exchange for a lien on any money received as a result of a claim or claims that the injured person asserts against third parties or under an uninsured or underinsured motorist insurance policy;
(c)
It is in the best interests of the residents of the state to ensure that:
(I)
Compensation to an injured person is not reduced merely because a health-care provider assigns or sells such a lien to another person; and
(II)
The charges underlying health-care provider liens are not excessive, unreasonable, or inflated and that health-care provider liens are not subject to surcharges, finance charges, interest, or other increases to the amount of the health-care provider lien; and
(d)
This article 27.5 is intended to encourage health-care providers to promptly treat people who have limited or no health insurance and who have been injured as the result of the negligent or wrongful acts of another person, provide injured persons equal access to health care, and protect injured persons from excessive, unreasonable, or inflated health-care service charges and surcharges associated with health-care provider liens.
Added by 2021 Ch. 473,§1, eff. 9/7/2021.
L. 2021: Entire article added, (HB 21-1300), ch. 3388, p. 3388, § 1, effective September 7.
2021 Ch. 473, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 27.5 - HEALTH-CARE PROVIDER LIENS (§§ 38-27.5-101 — 38-27.5-108) › Section 38-27.5-102 - Definitions

As used in this article 27.5, unless the context otherwise requires:
(1)
"Health-care provider" means a person licensed or certified in the state to practice medicine, pharmacy, chiropractic, nursing, physical therapy, podiatry, dentistry, optometry, occupational therapy, or other healing arts, or an entity directly employing such persons, and any other licensed health-care provider as permitted by the laws of the state.
(2)
"Health-care provider lien" means a lien created by a health-care provider or its assignee related to charges for health-care services given to a person injured as a result of the negligence or wrongful acts of another person, which is asserted against money received as a result of a claim or claims that the injured person asserts against third parties or under an uninsured or underinsured motorist insurance policy.
(3)
"Net judgment, settlement, or payment" means the proceeds received by an injured person on the injured person's claim or claims against third parties or under an uninsured or underinsured motorist policy, after the reduction of reasonable attorney fees and litigation expenses, if any.
(4)
"Usual and customary billed charge" means a health-care provider's billed charge in the absence of insurance for a service that is similar to the billed charges for like services provided by other health-care providers in the same geographic area.
Added by 2021 Ch. 473,§1, eff. 9/7/2021.
L. 2021: Entire article added, (HB 21-1300), ch. 3389, p. 3389, § 1, effective September 7.
2021 Ch. 473, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 27.5 - HEALTH-CARE PROVIDER LIENS (§§ 38-27.5-101 — 38-27.5-108) › Section 38-27.5-103 - Assignment of health-care provider liens - not admissible as evidence

(1)
A health-care provider claiming a health-care provider lien under this article 27.5 may assign, in writing, a health-care provider lien to any other person or entity. An assignee of a health-care provider lien has all the rights and remedies of the health-care provider and is subject to the restrictions and obligations of the health-care provider under this article 27.5.
(2)
Except in an action under the "Uniform Consumer Credit Code", article
1
of title
5
, any amount paid by an assignee of a health-care provider lien for the assignment, the fact of the assignment, and the terms of the assignment are not discoverable or admissible as evidence in any civil action or claim that the injured person asserts against third parties or under an uninsured or underinsured motorist insurance policy for any purpose, including as evidence of the reasonable value of a health-care provider's services.
(3)
An injured person treated on a health-care provider lien basis may not seek to recover, as the cost of medical services or treatment, more than the health-care provider's usual and customary billed charges.
(4)
Amounts awarded for medical bills subject to a health-care provider lien shall not be subject to offset or reduction in any post-verdict proceeding under section
13-21-111.6
.
(5)
This section only applies to a claim or claims an injured party asserts against third parties or under an uninsured or underinsured motorist insurance policy involving a medical lien and has no other application or effect regarding compensation paid to health-care providers.
Added by 2021 Ch. 473,§1, eff. 9/7/2021.
L. 2021: Entire article added, (HB 21-1300), ch. 3389, p. 3389, § 1, effective September 7.
2021 Ch. 473, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 27.5 - HEALTH-CARE PROVIDER LIENS (§§ 38-27.5-101 — 38-27.5-108) › Section 38-27.5-106 - No impact on hospital liens

This article 27.5 does not change, modify, or amend the provisions of section
38-27-101
.
Added by 2021 Ch. 473,§1, eff. 9/7/2021.
L. 2021: Entire article added, (HB 21-1300), ch. 3393, p. 3393, § 1, effective September 7.
2021 Ch. 473, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 27.5 - HEALTH-CARE PROVIDER LIENS (§§ 38-27.5-101 — 38-27.5-108) › Section 38-27.5-107 - Dispute resolution - standing

A person or entity against whom the injured person asserts a civil action or claim that includes a request for damages related to health-care services or treatment provided under a health-care provider lien does not have standing to challenge a health-care provider's or its assignee's compliance with this article 27.5, whether in the civil action or claim asserted by the injured person or in a separate civil action.
Added by 2021 Ch. 473,§1, eff. 9/7/2021.
L. 2021: Entire article added, (HB 21-1300), ch. 3393, p. 3393, § 1, effective September 7.
2021 Ch. 473, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › LIENS (§§ 38-20-101 — 38-27.5-108) › Article 27.5 - HEALTH-CARE PROVIDER LIENS (§§ 38-27.5-101 — 38-27.5-108) › Section 38-27.5-108 - Priority of health-care provider liens

(1)
The holder of a health-care provider lien may file a record of its health-care provider lien by following the provisions set forth in the "Colorado Statutory Lien Registration Act", article
9.7
of title
4
, including listing the name and address of the injured person, the date of the accident or incident, the name and address of the holder of the health-care provider lien, and the name and address of each health-care provider that rendered health-care services underlying the health-care provider lien.
(2)
In the event multiple health-care provider liens are asserted against an injured person's net judgment, settlement, or payment, health-care provider liens for which records were filed pursuant to article
9.7
of title
4
shall have priority for payment out of the injured person's net judgment, settlement, or payment before payments are made on health-care provider liens for which no such records were filed. In the event multiple records have been filed pursuant to article
9.7
of title
4
for health-care provider liens related to a single accident or incident, priority for payment out of the injured person's net judgment, settlement, or payment on each such lien shall be determined by the dates the records were filed, with the health-care provider lien having the earliest filed record receiving priority over those with subsequently filed records.
(3)
Filing a record of a health-care provider lien under this section is optional and the sole purpose thereof is to establish the priority of payments between multiple health-care provider liens. Filing a record of a health-care provider lien pursuant to article
9.7
of title
4
does not waive any of the statutory provisions established in this article 27.5.
Added by 2021 Ch. 473,§1, eff. 9/7/2021.
L. 2021: Entire article added, (HB 21-1300), ch. 3393, p. 3393, § 1, effective September 7.
2021 Ch. 473, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › PARTITION (§§ 38-28-101 — 38-28-110) › Article 28 - PARTITION (§§ 38-28-101 — 38-28-110) › Section 38-28-101 - Action - who may maintain

Actions for the division and partition of real or personal property or interest therein may be maintained by any person having an interest in such property.
L. 49: p. 544, § 1. CSA: C. 122, § 24. CRS 53: § 103-1-1. C.R.S. 1963: § 103-1-1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › PARTITION (§§ 38-28-101 — 38-28-110) › Article 28 - PARTITION (§§ 38-28-101 — 38-28-110) › Section 38-28-102 - Parties

All persons having any interest, direct, beneficial, contingent, or otherwise, in such property shall be made parties.
L. 49: p. 544, § 2. CSA: C. 122, § 25. CRS 53: § 103-1-2. C.R.S. 1963: § 103-1-2.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › PARTITION (§§ 38-28-101 — 38-28-110) › Article 28 - PARTITION (§§ 38-28-101 — 38-28-110) › Section 38-28-103 - Complete adjudication

The court shall make a complete adjudication of the rights of all parties to such property.
L. 49: p. 544, § 3. CSA: C. 122, § 26. CRS 53: § 103-1-3. C.R.S. 1963: § 103-1-3.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › PARTITION (§§ 38-28-101 — 38-28-110) › Article 28 - PARTITION (§§ 38-28-101 — 38-28-110) › Section 38-28-104 - Process, practice, procedure

The process, practice, and procedure shall be in compliance with the Colorado rules of civil procedure then in effect.
L. 49: p. 544, § 4. CSA: C. 122, § 27. CRS 53: § 103-1-4. C.R.S. 1963: § 103-1-4.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › PARTITION (§§ 38-28-101 — 38-28-110) › Article 28 - PARTITION (§§ 38-28-101 — 38-28-110) › Section 38-28-105 - Commissioners - oath - partition - objections

Upon the entry of any order for partition, the court shall appoint one or more disinterested commissioners who shall take oath to fairly and impartially make partition of the property in accordance with the decree of court. Such commissioners shall view the property and make partition thereof in writing, assigning to each party his share, and shall submit the same to the court for confirmation. Objections may be filed by any party within the time fixed by the court.
L. 49: p. 544, § 5. CSA: C. 122, § 28. CRS 53: § 103-1-5. C.R.S. 1963: § 103-1-5.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › PARTITION (§§ 38-28-101 — 38-28-110) › Article 28 - PARTITION (§§ 38-28-101 — 38-28-110) › Section 38-28-106 - Commissioners may divide land

The commissioners appointed by the court, with the approval of the court, may divide any lands involved in such action into lots or parcels, streets, and alleys and file a map or plat thereof in compliance with law and applicable ordinances.
L. 49: p. 544, § 6. CSA: C. 122, § 29. CRS 53: § 103-1-6. C.R.S. 1963: § 103-1-6.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › PARTITION (§§ 38-28-101 — 38-28-110) › Article 28 - PARTITION (§§ 38-28-101 — 38-28-110) › Section 38-28-107 - Sale of property - notice

If the commissioners report and the court finds that partition of the property cannot be made without manifest prejudice to the rights of any interested party, the court may direct the sale of such property at public sale upon such terms as the court may fix. Notice of such sale shall be given in the same manner as may be required by law for sales of real estate upon execution.
L. 49: p. 545, § 7. CSA: C. 122, § 30. CRS 53: § 103-1-7. C.R.S. 1963: § 103-1-7.
For sale of real estate upon execution, see § 13-56-201.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › PARTITION (§§ 38-28-101 — 38-28-110) › Article 28 - PARTITION (§§ 38-28-101 — 38-28-110) › Section 38-28-108 - Report - confirmation - distribution

The person making such sale shall make report thereof to the court for confirmation, and upon confirmation, the court shall direct the execution of a proper instrument of conveyance to the purchaser. The court shall direct the distribution of the net proceeds of such sale and any undistributed income from such property among the persons entitled thereto.
L. 49: p. 545, § 8. CSA: C. 122, § 31. CRS 53: § 103-1-8. C.R.S. 1963: § 103-1-8.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › PARTITION (§§ 38-28-101 — 38-28-110) › Article 28 - PARTITION (§§ 38-28-101 — 38-28-110) › Section 38-28-109 - Compensation of commissioners - fees and costs

The court shall fix the compensation of the commissioners and the person making the sale and may order the payment thereof, with costs, expenses, and attorney's fees, out of the proceeds of such sale or make any other order which it deems best for the payment of such compensation, fees, and costs.
L. 49: p. 545, § 9. CSA: C. 122, § 32. CRS 53: § 103-1-9. C.R.S. 1963: § 103-1-9.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › PARTITION (§§ 38-28-101 — 38-28-110) › Article 28 - PARTITION (§§ 38-28-101 — 38-28-110) › Section 38-28-110 - Powers of court

The court at any time may make such orders as it may deem necessary to promote the ends of justice to completely adjudicate every question and controversy concerning the title, rights, and interest of all persons whether in being or not, known or unknown, and may direct the payment and discharge of liens and have the property sold free from any lien or may apportion any lien among the persons to whom the partition is made.
L. 49: p. 545, § 10. CSA: C. 122, § 33. CRS 53: § 103-1-10. C.R.S. 1963: § 103-1-10.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-101 - Short title

This part 1 shall be known and may be cited as the "Titles to Manufactured Homes Act".
L. 83: Entire article added, p. 1448, § 1, effective June 15. L. 2008: Entire section amended, p. 442, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-102 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Authorized agent" means the county clerk and recorder in each of the counties of the state, except in the city and county of Denver, and therein the manager of revenue, or such other official of the city and county of Denver as may be appointed by the mayor to perform functions related to the registration of manufactured homes, is the authorized agent.
(1.5)
"Clerk and recorder" means the clerk and recorder of any county or city and county in the state of Colorado.
(2)
"Dealer" means any person, firm, partnership, corporation, or association licensed under the laws of this state to engage in the business of buying, selling, exchanging, or otherwise trading in manufactured homes.
(3)
"Department" means the department of revenue.
(4)
"Director" means the executive director of the department of revenue.
(5)
"Home" means any manufactured home as defined in subsection (6) of this section.
(6)
"Manufactured home" means a preconstructed building unit or combination of preconstructed building units that is constructed in compliance with the federal manufactured home construction safety standard, as defined in section
24-32-3302(13)
, C.R.S. "Manufactured home" shall also include a mobile home, as defined in section
24-32-3302(24)
, C.R.S.
(7)
"Manufacturer" means a person, firm, partnership, corporation, or association engaged in the manufacture of new manufactured homes.
(8)
Repealed.
(9)
"Mortgages" or "mortgage" or "chattel mortgage" means chattel mortgages, conditional sales contracts, or any other like instrument intended to operate as a mortgage or to create a lien on a manufactured home as security for an undertaking of the owner thereof or some other person; except that, as used in part 2 of this article, "mortgage" also includes mortgages, deeds of trust, and other liens on real property.
(10)
"Owner" means any person, association of persons, firm, or corporation in whose name the title to a manufactured home is registered.
(11)
"Person" means a natural person, association of persons, firm, partnership, or corporation.
(12)
"State" includes the territories and the federal districts of the United States.
(13)
"Verification of application form" means the form generated by an authorized agent upon receipt of a properly completed application for title submitted in accordance with section
38-29-107
.
L. 83: Entire article added, p. 1448, § 1, effective June 15. L. 89: (6) amended and (8) repealed, pp. 729, 731, §§ 35, 40, effective July 1. L. 2003: (1) amended, p. 562, § 1, effective July 1. L. 2008: (1.5) and (13) added and (6) and (9) amended, p. 442, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-103 - Application

The provisions of this article shall apply to manufactured homes as defined in section
38-29-102(6)
.
L. 83: Entire article added, p. 1449, § 1, effective June 15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-104 - Administration

The director is charged with the duty of administering this part 1. For that purpose he or she is vested with the power to make such reasonable rules, prepare, prescribe, and require the use of such forms, and provide such procedures as may be reasonably necessary or essential to the efficient administration of this part 1.
L. 83: Entire article added, p. 1449, § 1, effective June 15. L. 2008: Entire section amended, p. 443, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-105 - Authorized agents

The county clerk and recorder in each of the counties of the state, except in the city and county of Denver the manager of revenue or such other official of the city and county of Denver as may be appointed by the mayor to perform functions related to the registration of manufactured homes, is designated to be the authorized agent of the director and, under the direction of the director, is charged with the administration of the terms and provisions of this article and the rules that may from time to time be adopted for the administration thereof in the county in which such authorized agent holds office.
L. 83: Entire article added, p. 1449, § 1, effective June 15. L. 2003: Entire section amended, p. 562, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-106 - Sale or transfer of manufactured home

Except as provided in section
38-29-114
, no person shall sell or otherwise transfer a manufactured home to a purchaser or transferee thereof without delivering to such purchaser or transferee the certificate of title to such home, duly transferred in the manner prescribed in section
38-29-112
, and no purchaser or transferee shall acquire any right, title, or interest in and to a manufactured home purchased by him unless and until he obtains from the transferor the certificate of title thereto, duly transferred to him in accordance with the provisions of this article.
L. 83: Entire article added, p. 1449, § 1, effective June 15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-108 - Where application for certificates of title made - procedure

(1)
An application for a certificate of title upon the sale, transfer, or movement into the state of any manufactured home that does not become real property pursuant to section
38-29-114(2)
or section
38-29-117(6)
shall be directed to the director and filed with the authorized agent of the county or city or city and county in which such manufactured home is to be located. Upon sale or transfer, an application for a certificate of title on a manufactured home shall be made within forty-five days of the receipt of a manufacturer's certificate or statement of origin or its equivalent. The authorized agents shall forward copies of all such applications to the county assessor. Any person, other than an individual selling a manufactured home used as his residence, who receives a commission or other valuable consideration for the transfer or sale of a manufactured home shall fulfill the application and notice requirements of this subsection (1).
(2)
Repealed.
L. 83: Entire article added, p. 1450, § 1, effective June 15. L. 84: (2) repealed, p. 978, § 1, effective March 29. L. 89: (1) amended, p. 729, § 36, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-109 - Director may refuse certificate, when

The director shall use reasonable diligence in ascertaining whether the facts stated in any application and facts contained in other documents submitted to him with said application are true and, in appropriate cases, may require the applicant to furnish other and additional information regarding his ownership of the manufactured home and his right to have issued to him a certificate of title therefor. He may refuse to issue a certificate of title to such home if from his investigation he determines that the applicant is not entitled thereto.
L. 83: Entire article added, p. 1450, § 1, effective June 15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-110 - Certificates of title - contents

(1)
All certificates of title to manufactured homes issued under the provisions of this article shall be subscribed by the director, or by some duly authorized officer or employee in the department in the name, place, and stead of the director, to which shall be affixed the seal of the department. Such certificate shall be mailed to the applicant, except as provided in section
38-29-111
, and information of the facts therein appearing and concerning the issuance thereof shall be retained by the director and appropriately indexed and filed in his office. The certificate shall be in such form as the director may prescribe and shall contain, in addition to other information which he may by rule from time to time require, the manufacturer and model of the manufactured home for which said certificate is issued, the date on which said home therein described was first sold by the manufacturer or dealer to the initial user thereof, where such information is available, together with the serial number thereof, if any, and a description of such other marks or symbols as may be placed upon the home by the manufacturer thereof for identification purposes.
(2)
Beginning January 1, 1983, there shall be issued a distinctive certificate of title identifying the home as a manufactured home. Any person in whose name a certificate of title to a mobile home, as defined in section
38-29-102(8)
, was issued prior to January 1, 1983, and which title is free and clear of all encumbrances, may apply to the director or one of his authorized agents for a distinctive manufactured home certificate of title, accompanied by the fee required in section
38-29-138
to be paid for the issuance of a duplicate certificate of title; whereupon, a distinctive certificate of title shall be issued and disposition thereof made as required in this article.
L. 83: Entire article added, p. 1450, § 1, effective June 15.
Section 38-29-102 (8), which is referenced in subsection (2), was repealed by L. 89, p. 731, § 40, effective July 1, 1989.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-111 - Disposition of certificates of title

(1)
All certificates of title issued by the director shall be disposed of by him in the following manner:
(a)
If it appears from the records in the director's office and from an examination of the certificate of title that the manufactured home therein described is not subject to a mortgage filed subsequent to August 1, 1949, or if such home is encumbered by a mortgage filed in any county of a state other than the state of Colorado, the certificate of title shall be delivered to the person who therein appears to be the owner of the home described, or such certificate shall be mailed to the owner thereof at his address as the same may appear in the application, the certificate of title, or other records in the director's office.
(b)
If it appears from the records in the office of the director and from the certificate of title that the manufactured home therein described is subject to one or more mortgages filed subsequent to August 1, 1949, the director shall deliver the certificate of title issued by him to the mortgagee named therein or the holder thereof whose mortgage was first filed in the office of an authorized agent or shall mail the same to such mortgagee or holder at his address as the same appears in the certificate of title to said manufactured home.
L. 83: Entire article added, p. 1451, § 1, effective June 15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-113 - Lost certificates of title

(1)
Upon the loss in the mails of any certificate of title to a manufactured home and accompanying papers which may be sent by an authorized agent to the director and upon an appropriate application of the owner or other person entitled to such certificate of title directed to the authorized agent therefor, such certificate of title may be reissued bearing such notations respecting existing mortgages on the home therein described as the records of the authorized agent and of the director may indicate are unreleased and constitute an encumbrance upon the home, which certificate of title shall be issued without charge.
(2)
If the holder of any certificate of title loses, misplaces, or accidentally destroys any certificate of title to a manufactured home which he holds whether as the holder of a mortgage or as the owner of the home therein described, upon application therefor to the director, the director may issue a duplicate certificate of title as in other cases.
(3)
Upon the issuance of any duplicate certificate of title as provided in this section, the director shall note thereon every mortgage shown to be unreleased and the lien of which is in force and effect as may be disclosed by the records in his office and shall dispose of such certificate as in other cases.
L. 83: Entire article added, p. 1452, § 1, effective June 15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-115 - Sale to dealers - certificate need not issue

Upon the sale or transfer to a dealer of a manufactured home for which a Colorado certificate of title has been issued, formal transfer and delivery of the certificate of title thereto shall be made as in other cases; except that, so long as the home so sold or transferred remains in the dealer's inventory for sale and for no other purpose, such dealer shall not be required to procure the issuance of a new certificate of title thereto as is otherwise required in this article.
L. 83: Entire article added, p. 1452, § 1, effective June 15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-116 - Transfers by bequest, descent, law

Upon the transfer of ownership of a manufactured home by a bequest contained in the will of the person in whose name the certificate of title is registered, or upon the descent and distribution upon the death intestate of the owner of such home, or upon the transfer by operation of law, as in proceedings in bankruptcy, insolvency, replevin, attachment, execution, or other judicial sale, or whenever such manufactured home is sold to satisfy storage or repair charges or repossession is had upon default in the performance of the terms of any mortgage, the director or an authorized agent, upon the surrender of the certificate of title, if the same is available, or upon presentation of such proof of ownership of such home as the director may reasonably require and upon presentation of an application for a certificate of title, as required in section
38-29-107
, a new certificate of title may thereupon issue to the person shown by such evidence to be entitled thereto, and disposition shall be made as in other cases.
L. 83: Entire article added, p. 1453, § 1, effective June 15.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Article 29 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-209) › Part 1 - TITLES TO MANUFACTURED HOMES (§§ 38-29-101 — 38-29-143) › Section 38-29-118 - Surrender and cancellation of certificate - purge of certificate - penalty for violation

(1)
The owner of any manufactured home for which a Colorado certificate of title has been issued, upon the destruction or dismantling of said manufactured home or upon its being sold or otherwise disposed of as salvage, shall surrender the owner's certificate of title thereto to the director with the request that such certificate of title be canceled and shall submit a certificate of destruction as set forth in section
38-29-204
, and such certificate of title may thereupon be canceled. Any person who violates any of the provisions of this subsection (1) commits a petty offense and, upon conviction thereof, shall be punished as provided in section
18-1.3-503
.
(2)
The owner of any manufactured home for which a Colorado certificate of title has been issued, upon its being permanently affixed to the ground so that it is no longer capable of being drawn over the public highways, shall surrender his or her certificate of title thereto and file with the authorized agent of the county or city and county in which such manufactured home is located a request for purging of the manufactured home title and a certificate of permanent location. The manufactured home shall become real property upon the filing and recording of the certificate of permanent location in accordance with section
38-29-202
. The provisions of articles
30
to
44
of this title and of any other law of this state shall be applicable to manufactured homes that have become real property pursuant to this subsection (2) and to instruments creating, disposing of, or otherwise affecting such real property wherever such provisions would be applicable to estates, rights, and interests in land or to instruments creating, disposing of, or otherwise affecting estates, rights, and interests in land. The manufactured home for which a Colorado certificate of title has been issued shall continue to be valued and taxed separately from the land on which it sits until such time that the manufactured home becomes real property pursuant to this subsection (2).
Amended by 2021 Ch. 462, § 683, eff. 3/1/2022.
L. 83: Entire article added, p. 1454, § 1, effective June 15. L. 2002: (1) amended, p. 1554, § 339, effective October 1. L. 2004: (2) amended, p. 867, § 2, effective August 4. L. 2008: Entire section amended, p. 444, § 7, effective July 1. L. 2021: (1) amended, (SB 21-271), ch. 3293, p. 3293, § 683, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.