C.R.S. Section 31-12-116
Review

(1)

Intentionally left blank —Ed.

(a)

If any landowner or any registered elector in the area proposed to be annexed, the board of county commissioners of any county governing the area proposed to be annexed, or any municipality within one mile of the area proposed to be annexed believes itself to be aggrieved by the acts of the governing body of the annexing municipality in annexing said area to said municipality, such acts or findings of the governing body may be reviewed by certiorari in accordance with the Colorado rules of civil procedure. Such review proceedings shall be instituted in any district court having jurisdiction of the county in which the annexed area is located. In no event shall such a proceeding be instituted prior to the effective date of the annexing ordinance by the annexing municipality.

(b)

If the annexed area is located within two or more counties, review proceedings may be brought in any district court having jurisdiction of any one of such counties. In all such certiorari proceedings under this part 1, the district court shall be presided over by a judge appointed by the chief justice of the supreme court of the state of Colorado, which judge shall not be from the judicial district in which the area proposed to be annexed is located nor from a judicial district contiguous thereto.
(2)(a)(I) All such actions to review the findings and the decision of the governing body shall be brought within sixty days after the effective date of the ordinance, and, if such action is not brought within such time, such action shall forever be barred.

(II)

All such actions to review the findings and the decision of the governing body shall be subject to the following requirement, which is a condition precedent to the right to obtain judicial review under this section: Any party bringing such action shall first have filed a motion for reconsideration within ten days of the effective date of the ordinance finalizing the challenged annexation, which motion shall state with particularity the grounds upon which judicial review is sought.

(III)

The district court shall schedule such actions for expedited hearing.

(IV)

In the event that the person bringing an action pursuant to this section fails to substantially prevail, the court may award the municipality its reasonable attorney fees and costs of defense.

(b)

In any action brought within the sixty-day limitation of paragraph (a) of this subsection (2) to review the annexation of an enclave pursuant to section 31-12-106 (1), the court may review the findings and determinations of the governing body in annexing any territory which, in whole or in part, resulted in the creation of the enclave. If the court finds that any such prior annexation resulted in the creation of a municipal boundary that consists of public rights-of-way as set forth in section 31-12-106 (1.1)(a)(I) or occurred without compliance with section 30 of article II of the state constitution as set forth in section 31-12-106 (1.1)(a)(II), it shall declare the annexation of the enclave to be void, but no such finding or decision shall affect the validity of the prior annexation.

(3)

Review proceedings instituted under this section shall not be extended further than to determine whether the governing body has exceeded its jurisdiction or abused its discretion under the provisions of this part 1.

(4)

Any annexation accomplished in accordance with the provisions of this part 1 shall not be directly or collaterally questioned in any suit, action, or proceeding, except as expressly authorized in this section.

(5)

If the hearing has not been stenographically reported as provided in section 31-12-109 (2) and if the court determines, after proper investigation, that the minutes of the hearing are not adequate to form the basis for a determination of the issue in the certiorari proceedings, the court may proceed to try the issue de novo.

(6)

All proceedings for judicial review of any annexation proceeding under this part 1 shall be advanced as a matter of immediate public interest and concern and heard at the earliest practical moment. The courts shall be open at all times for the purposes of this part 1.

Source: Section 31-12-116 — Review, 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

§ 31-12-116’s source at colorado​.gov