C.R.S. Section 16-13-314
Disposition of forfeited real property

(1)

In an action to abate a class 1 public nuisance, if the court finds that such class 1 public nuisance exists and that the same has been conducted, used, or maintained by the owner of a building, place, or any real property seized and closed as a class 1 public nuisance, or that the nuisance has been conducted, used, or maintained by any person with the actual knowledge and consent of the owner, a permanent order of abatement shall be entered as a part of the judgment in the case. The order of abatement shall direct the sheriff to sell such building or place and the ground upon which such building or place is situate or any other real property, to the extent of the interest of such owner therein, at public sale in the manner provided for sales of property upon execution. In no event shall real property that is neither proceeds of nor part of the same lot or tract of land used for the public nuisance act that was the underlying subject matter of the public nuisance action, be subject to seizure and forfeiture, excepting access and egress routes.

(2)

The proceeds of such sale shall be applied in the same manner and priority as enumerated in section 16-13-311 (3).

(3)

It is the intent of the general assembly that moneys allocated to a seizing agency pursuant to subsection (2) of this section shall not be considered a source of revenue to meet normal operating needs.

(4)

If more than one seizing agency was substantially involved in effecting the forfeiture, the agencies shall enter into a stipulation with regard to costs incurred by the agencies and the percentage of any remaining proceeds to be deposited for the benefit of the agencies. Upon the filing by such agencies of such stipulation with the court, the court shall order the proceeds so distributed. If the agencies are unable to reach an agreement, the court shall take testimony and equitably distribute the proceeds.

Source: Section 16-13-314 — Disposition of forfeited real property, 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

§ 16-13-314’s source at colorado​.gov