C.R.S. Section 16-13-310
Redelivery of seized premises

(1)

If the owner of a building, a place, or any real property seized and closed as a class 1 public nuisance has not been guilty of any contempt of court in the proceedings, and appears and pays all costs, fees, and allowances which are declared by this section to be a lien on the building, place, or real property, and files a bond in the amount fixed by the court not to exceed the full value of said property, with sureties to be approved by the court, conditioned that he will immediately abate any such nuisance that exists at the building, place, or real property and prevent the same from being established or kept thereat within a period of one year thereafter, the court, if satisfied of his good faith and satisfied that such owner had not conducted, used, maintained, or knowingly permitted the conducting, using, or maintaining of such public nuisance, may order the building, place, or real property to be delivered to said owner and the order of abatement canceled so far as the same relates to said property. If any property is found not to be a public nuisance pursuant to this part 3 or if said property fits the description of property specified in section 16-13-303 (2) and (3) and the property is not subject to forfeiture or an affirmative defense has been proven, said property shall be released to the owner without conditions. The release of the property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability to which it is subject by law.

(2)

If the owner or operator of a building or place seized and closed as a class 2 public nuisance has not been guilty of any contempt of court in the proceedings, and demonstrates by evidence satisfactory to the court that the public nuisance has been abated and will not recur, the court may order the premises delivered to the owner or operator. As a condition of such order, the court may require the posting of bond, in an amount fixed by the court, for the faithful performance of the obligation of the owner or operator thereunder to prevent recurrence or continuance of the public nuisance.

(3)

If the tenant or occupant, other than the owner, of a building, a place, or any real property is involved in conducting or maintaining a public nuisance, the owner need not be made a party to the action until the tenant or occupant is evicted or the district attorney seeks to enforce the remedies of this part 3 against the owner. However, the owner may intervene in the action at any time.

Source: Section 16-13-310 — Redelivery of seized premises, 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

§ 16-13-310’s source at colorado​.gov