C.R.S. Section 16-13-302
Public nuisances

  • policy

(1)

It is the policy of the general assembly that every public nuisance shall be restrained, prevented, abated, and perpetually enjoined. It is the duty of the district attorney in each judicial district of this state to bring and maintain an action, pursuant to the provisions of this part 3, to restrain, prevent, abate, and perpetually enjoin any such public nuisance and to seek the forfeiture of property as provided in this part 3. The general assembly intends that proceedings under this part 3 be remedial and equitable in nature. Nothing contained in this part 3 shall be construed as an amendment or repeal of any of the criminal laws of this state, but the provisions of this part 3, insofar as they relate to those laws, shall be considered a cumulative right of the people in the enforcement of such laws. The provisions of this part 3 shall not be construed to limit or preempt the powers of any court or political subdivision to abate or control nuisances.

(2)

It is also the policy of the general assembly that asset forfeiture pursuant to this part 3 shall be carried out pursuant to the following:

(a)

Generation of revenue shall not be the primary purpose of asset forfeiture.

(b)

No prosecutor’s or law enforcement officer’s employment or level of salary shall depend upon the frequency of seizures or forfeitures which such person achieves.

(c)

All seizures of real property pursuant to this part 3 shall be made pursuant to a temporary restraining order or injunction based upon a judicial finding of probable cause.

(d)

Each seizing agency shall have policies and procedures for the expeditious release of seized property which is not subject to forfeiture pursuant to this part 3, when such release is appropriate.

(e)

Each seizing agency retaining forfeited property for official law enforcement use shall ensure that the property is subject to controls consistent with controls which are applicable to property acquired through the normal appropriations process.

(f)

Each seizing agency which receives forfeiture proceeds shall conform with reporting, audit, and disposition procedures enumerated in this article.

(g)

Each seizing agency shall prohibit its employees from purchasing forfeited property.

Source: Section 16-13-302 — Public nuisances - policy, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-16.­pdf (accessed Oct. 20, 2023).

16‑13‑216
Powers and duties of the board 16‑13‑301
Definitions 16‑13‑302
Public nuisances - policy 16‑13‑303
Class 1 public nuisance 16‑13‑304
Class 2 public nuisance 16‑13‑305
Class 3 public nuisance 16‑13‑306
Class 4 public nuisance 16‑13‑306.5
Limitations on receipt of forfeiture payments from federal agencies 16‑13‑307
Jurisdiction - venue - parties - process 16‑13‑308
Temporary restraining order - preliminary injunction - when to issue 16‑13‑309
Judgment - relief 16‑13‑310
Redelivery of seized premises 16‑13‑311
Disposition of seized personal property 16‑13‑312
Violation of injunction 16‑13‑313
Fees - costs and fines - lien and collection 16‑13‑314
Disposition of forfeited real property 16‑13‑315
Seizure of personal property 16‑13‑316
Prior liens not subject to forfeiture - vesting of title 16‑13‑501
Short title 16‑13‑501.5
Legislative declaration 16‑13‑502
Definitions 16‑13‑503
Subject acts 16‑13‑504
Forfeiture of vehicle, fixtures and contents of building, personal property, or contraband article - exceptions 16‑13‑504.5
Limitations on receipt of forfeiture payments from federal agencies 16‑13‑505
Forfeiture proceedings 16‑13‑506
Final order - disposition of property 16‑13‑507
Disposition of contraband article or property 16‑13‑508
Forfeitures 16‑13‑509
Evidentiary presumption 16‑13‑510
Money placed in account 16‑13‑511
Severability 16‑13‑601
Receipt of federally forfeited property 16‑13‑701
Reports related to seizures and forfeitures - legislative declaration - definitions 16‑13‑702
Disposition of forfeited property 16‑13‑901
Legislative declaration 16‑13‑902
Definitions 16‑13‑903
Sexually violent predator subject to community notification - determination - implementation 16‑13‑904
Sex offender management board - duties 16‑13‑905
Local law enforcement - duties - immunity 16‑13‑906
Division of criminal justice - technical assistance team 16‑13‑1001
Legislative declaration 16‑13‑1002
Resentencing hearing for persons serving life sentences without the possibility of parole as the result of a direct file or transfer
Green check means up to date. Up to date

Current through Fall 2024

§ 16-13-302’s source at colorado​.gov