C.R.S. Section 37-47-114
Recording of protest

  • procedure
  • decree
  • fee

(1)

At any time after the filing of a petition for the organization of a subdistrict, and not less than thirty days prior to the time fixed by the order of the court for the hearing upon said petition, and not thereafter, a protest may be filed in the office of the clerk of the court wherein the proceedings for the organization of such subdistrict is pending, signed by a majority of the owners of the land in said proposed subdistrict protesting the organization or creation of said subdistrict. It is the duty of the clerk of the court forthwith, upon filing of said protest, to make as many certified copies thereof, including the signatures thereto, as there are counties into any part of which said proposed subdistrict extends and forthwith to place in the hands of the county treasurer of each of such counties one of said certified copies.

(2)

It is the duty of each of such county treasurers to determine from the last tax rolls of his county, and to certify to said district court under his official seal, prior to the day fixed for the hearing, the total number of owners of land situate in such proposed subdistrict within his county and the total number of owners of land situate in such proposed subdistrict within his county who have signed such protest. Such certificate shall constitute prima facie evidence of the facts so stated therein and shall be so received and considered by the court.

(3)

Upon the day set for the hearing upon the original petition, if it appears to the court from such certificate and from such other evidence as may be adduced by any party in interest that the said protest is not signed by a majority of the owners of land within the proposed subdistrict, the court shall thereupon dismiss said protest and shall proceed with the hearing on the petition. If it appears to the court at said hearing that the protest is signed by any person or corporation who signed the original petition for the organization of said subdistrict, either to the court or to the district, then the signature of any such landowner upon the protest shall be disregarded and not counted. The board of county commissioners of any county in which any part of said proposed subdistrict is situate, or any owner of real property in said proposed subdistrict who has not signed the petition for the organization of said subdistrict, on or before the date set for the cause to be heard, may file objections to the organization and incorporation of the district. Such objections shall be limited to a denial of the statements in the petition and shall be heard by the court as an advanced case without unnecessary delay.

(4)

Upon said hearing, if it appears that said petition has been signed and presented in accordance with the requirements of this article and that the allegations of the petition are true, the court shall enter a decree and therein adjudicate all questions of jurisdiction and declare the subdistrict organized and designate the name of said subdistrict, by which in all subsequent proceedings it shall thereafter be designated and known, and thereafter said subdistrict shall be deemed a special improvement district.

(5)

Such order shall be binding upon the real property within the subdistrict, and no appeal or other remedy lies therefrom, and entry of such order shall finally and conclusively establish the regular organization of said subdistrict against all persons except the state of Colorado in an action in the nature of quo warranto to be commenced by the attorney general within three months after said decree is entered and not otherwise. Within ten days after such subdistrict has been declared duly organized by the court, the clerk of said court shall transmit to the county clerk and recorder in each of the counties having lands in said subdistrict copies of the findings and decree of the court establishing said subdistrict. The same shall be recorded in the office of the county clerk and recorder where they shall become permanent records.

Source: Section 37-47-114 — Recording of protest - procedure - decree - fee, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-37.­pdf (accessed Oct. 20, 2023).

37‑47‑101
Legislative declaration - rivers named 37‑47‑102
Definitions 37‑47‑103
Creation and name of district 37‑47‑104
Board of directors 37‑47‑105
Allowance for directors 37‑47‑106
Vacancy in office of director 37‑47‑107
Powers of district 37‑47‑108
Principal office - meetings 37‑47‑109
Assessment and levy by board 37‑47‑110
Creation of subdistricts 37‑47‑111
Rules and regulations 37‑47‑112
Procedure for establishment of subdistricts 37‑47‑113
Time and place of hearing on petition 37‑47‑114
Recording of protest - procedure - decree - fee 37‑47‑115
Plan for subdistrict 37‑47‑116
Appointment of appraisers 37‑47‑117
Compensation of appraisers 37‑47‑118
Directors bound by financing plan 37‑47‑119
Assessments - procedure in making 37‑47‑120
Improvement district bonds 37‑47‑121
Assessments constitute perpetual lien 37‑47‑122
Directors to remedy defects in assessments 37‑47‑123
Record of assessments as evidence 37‑47‑124
Defects in notice perfected 37‑47‑125
Contracts of subdistricts 37‑47‑126
Issuance of general obligation bonds and revenue bonds 37‑47‑127
Board to certify assessments 37‑47‑128
Limitations on power to levy and contract 37‑47‑129
Investment of surplus funds 37‑47‑130
Sinking fund 37‑47‑131
Court confirmation 37‑47‑132
Subdistrict furnishing water to nonirrigated land 37‑47‑133
Election to authorize debt 37‑47‑134
Definition of elector 37‑47‑135
Elections 37‑47‑136
Election resolution 37‑47‑137
Conduct of election 37‑47‑138
Notice of election 37‑47‑139
Polling places 37‑47‑140
Election supplies 37‑47‑141
Election returns 37‑47‑142
Debt election contests 37‑47‑143
Covenants and other provisions in bonds 37‑47‑144
Liens on pledged revenues 37‑47‑145
Rights - powers of holders of bonds - trustees 37‑47‑146
Investments and securities 37‑47‑147
Rents and charges 37‑47‑148
Miscellaneous powers 37‑47‑149
Cooperative powers 37‑47‑150
Joint action entity 37‑47‑151
Correlative powers of political subdivisions
Green check means up to date. Up to date

Current through Fall 2024

§ 37-47-114’s source at colorado​.gov