C.R.S. Section 31-12-106
Annexation of enclaves, partly surrounded land, and municipally owned land

(1)

Annexation of enclaves.
When any unincorporated area is entirely contained within the boundaries of a municipality, the governing body may by ordinance annex such territory to the municipality in accordance with section 30 (1)(c) of article II of the state constitution, but without complying with section 31-12-104, 31-12-105, 31-12-108, or 31-12-109, if said area has been so surrounded for a period of not less than three years; except that notice of the proposed annexation ordinance shall be given by publication as provided by section 31-12-108 (2) for notices of annexation petitions, and resolutions initiating annexation proceedings, but no public hearing on the proposed annexation ordinance shall be required, and the first publication of notice shall be at least thirty days prior to the adoption of the ordinance.

(1.1)

Exception to annexation of enclaves.

(a)

No enclave may be annexed pursuant to subsection (1) of this section if:

(I)

Any part of the municipal boundary or territory surrounding such enclave consists at the time of the annexation of the enclave of public rights-of-way, including streets and alleys, that are not immediately adjacent to the municipality on the side of the right-of-way opposite to the enclave; or

(II)

Any part of the territory surrounding the enclave was annexed to the municipality since December 19, 1980, without compliance with section 30 of article II of the state constitution.

(b)

In the case of an enclave the population of which exceeds one hundred persons according to the most recent United States census and that contains more than fifty acres, the enclave shall not be annexed pursuant to subsection (1) of this section unless the governing body of the annexing municipality has:

(I)

Created an annexation transition committee composed of nine members, five of whom shall reside, operate a business, or own real property within the enclave, two of whom shall represent the annexing municipality, and two of whom shall represent one or more counties in which the enclave is situated; and

(II)

Published notice of the creation and existence of the committee, together with its regular mail, electronic mail, or telephonic contact information, in the same manner as provided by section 31-12-108 (2) for notices of annexation petitions and resolutions initiating annexation proceedings.

(c)

The duties of the annexation transition committee required by paragraph (b) of this subsection (1.1) shall be to:

(I)

Serve as a means of communication between or among the annexing municipality, one or more counties within which the enclave is situated, and the persons who reside, operate a business, or own real property within the enclave regarding any public meetings on the proposed annexation; and

(II)

Provide a mechanism by which persons who reside, operate a business, or own real property within the enclave may communicate, whether by electronic mail, telephonic communication, regular mail, or public meetings, with the annexing municipality or any counties within which the enclave is situated regarding the proposed annexation.
(2)(Deleted by amendment, L. 97, p. 995, § 2, effective May 27, 1997.)(3) Annexation of unincorporated municipally owned land.
When the municipality is the sole owner of the area that it desires to annex, which area is eligible for annexation in accordance with section 30 (1)(c) of article II of the state constitution and sections 31-12-104 (1)(a) and 31-12-105, the governing body may by ordinance annex said area to the municipality without notice and hearing as provided in sections 31-12-108 and 31-12-109. The annexing ordinance shall state that the area proposed to be annexed is owned by the annexing municipality and is not solely a public street or right-of-way.

(4)

Additional terms and conditions on the annexation.
Additional terms or conditions may be imposed by the governing body in accordance with section 31-12-112.

(5)

Any municipality that has entered into an intergovernmental agreement, any portion of which addresses issues pertaining to the annexation of enclaves shall, promptly upon execution of the agreement, record the agreement with the clerk and recorder of any county within which any land area addressed in the agreement is situated.

Source: Section 31-12-106 — Annexation of enclaves, partly surrounded land, and municipally owned land, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-31.­pdf (accessed Oct. 20, 2023).

31‑12‑101
Short title 31‑12‑102
Legislative declaration 31‑12‑103
Definitions 31‑12‑104
Eligibility for annexation 31‑12‑105
Limitations 31‑12‑106
Annexation of enclaves, partly surrounded land, and municipally owned land 31‑12‑107
Petitions for annexation and for annexation elections 31‑12‑108
Setting hearing date - notice given 31‑12‑108.5
Annexation impact report - requirements 31‑12‑109
Hearing 31‑12‑110
Findings 31‑12‑111
Annexation without election 31‑12‑112
Election - annexation pursuant to election 31‑12‑113
Effective date of annexation - required filings 31‑12‑114
Conflicting annexation claims of two or more municipalities 31‑12‑115
Zoning of land while annexation is under way - zoning of newly annexed land - subdivision of land while annexation is under way - regulatory impairments affecting newly annexed land used for agricultural purposes - notice - definitions 31‑12‑116
Review 31‑12‑117
Effect of review and of voiding of annexation ordinance by court order 31‑12‑118
Priority of annexation proceedings 31‑12‑118.5
Effect of incorporation proceedings in an area of more than seventy-five thousand inhabitants - annexation ordinance - legislative declaration 31‑12‑119
Disconnection of territory because of failure to serve 31‑12‑120
Court approval required for certain annexations 31‑12‑121
Provision of municipal services to outside consumers - agreement to annex 31‑12‑122
Relation of this part 1 to other laws 31‑12‑123
Applicability to city and county of Denver 31‑12‑201
Including adjacent area upon reorganization 31‑12‑301
Annexation to charter city 31‑12‑302
Petition - order of court 31‑12‑303
Annexation consented to by ordinance - indebtedness 31‑12‑304
School districts - annexation of area to another school district - applicability 31‑12‑305
Question submitted to registered electors 31‑12‑306
Notice of election 31‑12‑307
Ballots 31‑12‑308
Report - approval by court 31‑12‑309
Termination of offices 31‑12‑310
Rights become property of city enlarged - utilities not curtailed 31‑12‑311
Validity not questioned after ninety days 31‑12‑401
Consolidation of contiguous cities or towns 31‑12‑402
Election - notice - ballot 31‑12‑403
Election of officers after consolidation 31‑12‑404
Tenure of officers 31‑12‑405
Consolidation complete 31‑12‑406
First ordinances - appropriation 31‑12‑407
Licenses 31‑12‑408
Bonded and floating indebtedness 31‑12‑409
Property belongs to consolidated cities or towns 31‑12‑410
Suits - special tax 31‑12‑411
Collection of prior taxes - disposition 31‑12‑412
Annexing cities and towns 31‑12‑413
Annexation complete - rights - liabilities 31‑12‑414
School districts - annexation of area to another school district - applicability 31‑12‑501
Application - enactment - filing - definitions 31‑12‑502
Liability for taxes 31‑12‑503
Future levies - prepayment 31‑12‑601
Petition to disconnect territory 31‑12‑602
Contents of petition 31‑12‑603
Hearing - decree - proviso 31‑12‑604
Lands subject to tax for prior indebtedness 31‑12‑605
Copy of decree filed 31‑12‑701
Part 7 relates to towns only 31‑12‑702
Petition court to disconnect from town 31‑12‑703
Petition - contents 31‑12‑704
Hearing - decree - proviso 31‑12‑705
Land not exempt from prior taxes 31‑12‑706
Land subject to tax for prior indebtedness 31‑12‑707
Decree recorded - proof
Green check means up to date. Up to date

Current through Fall 2024

§ 31-12-106’s source at colorado​.gov