C.R.S. Section 31-12-118
Priority of annexation proceedings

(1)

The purpose of this section is to give a first priority to annexation proceedings unless certain incorporation proceedings described in this section are commenced for all or part of the area subject to such annexation proceedings.

(2)

Intentionally left blank —Ed.

(a)

Except as otherwise provided in paragraph (b) of this subsection (2), when a governing body receives a petition for annexation pursuant to section 31-12-107 (1) or a petition for an election on the question of annexation pursuant to section 31-12-107 (2), no other proceedings shall be commenced or prosecuted for the annexation or incorporation of the same area or any part thereof and no other proceedings shall be commenced or prosecuted for the creation of any quasi-municipal corporation in the same area or any part thereof until the question of annexing such area pursuant to any such petition has been finally determined. Nothing in this subsection (2) shall prevent a duly established special service district lawfully organized under part 5 or 6 of article 25 of this title, article 8 of title 29, C.R.S., part 2 of article 20 of title 30, C.R.S., or title 32 (except article 8), C.R.S., from receiving and prosecuting a petition for the inclusion of the same area or any part thereof within the boundaries of any such special service district during any pending annexation proceeding.

(b)

A governing body shall hold annexation proceedings in abeyance if, on or after the date a petition for annexation pursuant to section 31-12-107 (1) or a petition for an election on the question of annexation pursuant to section 31-12-107 (2) is filed, a petition for incorporation of the same area or any part thereof is filed pursuant to part 1 of article 2 of this title and such area contains more than seventy-five thousand inhabitants.

(3)

The fact that proceedings for the incorporation of an area have been commenced prior to the filing of a petition for annexation under section 31-12-107 (1) or prior to the filing of a petition for an election on the question of annexation under section 31-12-107 (2) shall in no way affect such proceedings for the annexation of all or part of the same area, and any such incorporation proceedings shall be held in abeyance until the question of annexation has been finally determined. Similarly the fact that proceedings for the creation of a quasi-municipal corporation have been commenced prior to the filing of a petition for annexation under section 31-12-107 (1) or the filing of a petition for an election on the question of annexation under section 31-12-107 (2) shall in no way affect such proceedings for the annexation of all or part of the same area, and any such proceedings for the creation of quasi-municipal corporations shall be held in abeyance until the question of annexation has been finally determined.

(4)

This section shall not apply if the petition for annexation under said section 31-12-107 (1) or the petition for an election on the question of annexation under said section 31-12-107 (2) is first filed with the governing body within the ten days next preceding the date set for an election on the question of incorporation or an election on the question of the creation of a quasi-municipal corporation in part or all of the same area, nor shall this section apply to any incorporation petition involving an area which contains more than ten thousand inhabitants.

(5)

In the event of any lawsuit challenging the provisions of this section or their applicability to any situation, such legal proceedings shall be advanced on the docket as a matter of immediate public interest and concern and shall be heard at the earliest practical moment.

Source: Section 31-12-118 — Priority of annexation proceedings, 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

§ 31-12-118’s source at colorado​.gov