C.R.S. Section 31-12-117
Effect of review and of voiding of annexation ordinance by court order


(1)

After the effective date of an annexation ordinance, the annexing municipality shall apply all pertinent ordinances to the annexed area, irrespective of any proceedings for judicial review.

(2)

In the event that the district court enters a final judgment, as defined in rule 54 (a), Colorado rules of civil procedure, declaring the annexation proceedings void, no acts taken in compliance with or pursuant to the charter, ordinances, or regulations of the annexing municipality shall be voided thereby, even though such acts are not in compliance with applicable county requirements or the requirements of other municipal or quasi-municipal corporations having jurisdiction over the area affected by such judicial proceedings. Such acts shall include, among others, subdivision platting and the construction and occupancy of improvements. A judicial declaration voiding an annexation shall not invalidate the levy and collection of any taxes, license fees, or charges collected or imposed by the annexing municipality prior to such final judgment.

(3)

The provisions of subsection (2) of this section shall apply with equal force and validity to judicial review of any annexation proceedings which have affected the boundaries of any county or city and county; except that, within ninety days after the effective date of such a final judgment, the county clerk and recorder of the county or city and county to which the area was attempted to be annexed shall transmit to the county clerk and recorder of the county to which the territory was returned as a result of the judicial determination of the invalidity of the annexation proceedings a copy of each approved subdivision plat, which copy shall then be recorded without charge in the records of the county to which the territory was so returned.

(4)

The execution of any final judgment by the district court in any judicial review of an annexation proceeding shall automatically be stayed upon the filing of the record on appeal as provided by law and the Colorado appellate rules, and no application for supersedeas shall be necessary. Such stay shall continue in full force and effect pending final disposition of the proceedings on appeal.

Source: Section 31-12-117 — Effect of review and of voiding of annexation ordinance by court order, 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

§ 31-12-117’s source at colorado​.gov