C.R.S. Section 31-12-120
Court approval required for certain annexations


(1)

Any annexation which would have the effect of detaching part of the area of an existing school district shall not become effective prior to court approval as specified in this section; except that this subsection (1) shall not apply to an enclave area which has five hundred or less inhabitants nor to any annexation the petition for which is signed by one hundred percent of the landowners in the area proposed to be annexed.

(2)

In the event of an annexation as set forth in subsection (1) of this section, the annexing municipality, within ten days following the election as provided in section 31-12-107 or the adoption of the ordinance as provided in section 31-12-106, shall give written notice of intention to annex, pursuant to this part 1, to the board of education of the school district from which it is proposed that the area will be detached.

(3)

Within thirty days after the notice of annexation proceedings specified in subsection (2) of this section is delivered to the board of education, the annexing municipality shall petition the district court in accordance with the jurisdictional requirements set forth for review of the governing body’s actions in section 31-12-116 (1) for the granting or denial of the requisite court approval to consummate annexation. The petition shall name the board of education as party defendant.

(4)

The court shall determine:

(a)

On the basis of the most recent assessment, the aggregate valuation for assessment of all property in the school district and the aggregate valuation for assessment of all property in the territory proposed to be annexed; and

(b)

On the basis of the most recent enrollment records of the school district, the aggregate number of pupils enrolled in the school district and the aggregate number of pupils so enrolled who live in the area proposed to be annexed.

(5)

If the pupil percentage (the percentage of all enrolled pupils that is reflected by all enrolled pupils living in the area proposed to be annexed, carried to four decimal places) is less than three-fifths of the property percentage (the percentage of aggregate valuation for assessment of all property that is reflected by property lying within the area proposed to be annexed), the court shall disapprove the proposed annexation, and such annexation shall not become effective; except that the court shall not be required to disapprove a proposed annexation if it finds that ninety percent of the aggregate valuation for assessment of property in the area to be annexed consists of unimproved land. In no event shall the court approve a proposed annexation which, together with the valuation for assessment of all other property detached from a school district in any one calendar year, exceeds five percent of the aggregate valuation for assessment of all property in the school district.

Source: Section 31-12-120 — Court approval required for certain annexations, 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

§ 31-12-120’s source at colorado​.gov