C.R.S. Section 37-48-125
Filing 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 filed and recorded in the office of the county clerk and recorder, where they shall become permanent records. The county clerk and recorder in each county shall collect a fee of two dollars for filing and preserving the same.

Source: Section 37-48-125 — Filing of protest - procedure - decree - fee, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-37.­pdf (accessed Oct. 20, 2023).

37‑48‑101
Legislative declaration
37‑48‑101.3
Definitions
37‑48‑102
Creation and name of district
37‑48‑103
Board of directors
37‑48‑104
Employees
37‑48‑105
Powers of district
37‑48‑106
Principal office - meetings
37‑48‑107
Assessment and levy by board
37‑48‑108
Creation of subdistricts
37‑48‑109
Compensation of directors
37‑48‑110
Limitations on power to levy and contract
37‑48‑111
Investment of surplus funds
37‑48‑112
Rules
37‑48‑113
Court confirmation
37‑48‑114
Petition
37‑48‑115
Notice and hearing on petition
37‑48‑116
Election resolution
37‑48‑117
Conduct of election
37‑48‑118
Notice of election
37‑48‑119
Polling places
37‑48‑120
Election supplies
37‑48‑121
Election returns
37‑48‑122
Expenses of election - appropriation
37‑48‑123
Procedure for establishment of subdistricts
37‑48‑124
Time and place of hearing on petition
37‑48‑125
Filing of protest - procedure - decree - fee
37‑48‑126
Official plan for subdistrict
37‑48‑127
Execution of plans
37‑48‑128
Contracts
37‑48‑129
Surveys and examinations
37‑48‑130
Cooperation with United States or other agencies
37‑48‑131
Access to lands - penalty
37‑48‑132
Removal of structures
37‑48‑133
Passing equipment through bridge or grade
37‑48‑134
Functions and duties of board of managers
37‑48‑135
Retention of personnel
37‑48‑136
Appointment of appraisers
37‑48‑137
Appraisals
37‑48‑138
Report of appraisers - special improvement bonds
37‑48‑139
Notice of hearing on appraisals
37‑48‑140
Hearing on appraisals
37‑48‑141
Decree on appraisals
37‑48‑142
Filing decree
37‑48‑143
Validation of irregular proceedings
37‑48‑144
Compensation of appraisers
37‑48‑145
Preliminary fund
37‑48‑146
Power to borrow money for the preliminary fund
37‑48‑147
Directors bound by financing plan
37‑48‑148
Special assessments - procedure in making
37‑48‑149
Special improvement bonds
37‑48‑150
Manner of collection - tax sale - certificate of purchase - tax deed
37‑48‑151
Collection by civil action
37‑48‑152
Special improvement assessments constitute perpetual lien
37‑48‑153
Directors to remedy defects - special improvement assessments - special assessments
37‑48‑154
Records of assessments, service charges, or user fees as evidence
37‑48‑155
Defects in notice perfected
37‑48‑156
Contracts of subdistricts
37‑48‑157
Issuance of general obligation bonds - revenue bonds
37‑48‑158
Board to certify tax assessments
37‑48‑159
Sinking fund
37‑48‑160
Subdistrict budget
37‑48‑175
Election to authorize debt
37‑48‑176
Definition of elector
37‑48‑177
Elections
37‑48‑178
Election resolution
37‑48‑179
Conduct of election
37‑48‑180
Notice of election
37‑48‑181
Polling places
37‑48‑182
Election supplies
37‑48‑183
Election returns
37‑48‑184
Debt election contests
37‑48‑185
Covenants and other provisions in bonds
37‑48‑186
Liens on pledged revenues
37‑48‑187
Rights - powers of holders of bonds - trustees
37‑48‑188
Investments and securities
37‑48‑189
Rents and charges
37‑48‑190
Miscellaneous powers
37‑48‑191
Cooperative powers
37‑48‑192
Joint action entity
37‑48‑193
Correlative powers of political subdivisions
37‑48‑194
Refunding
37‑48‑195
Costs - board of managers to concur
Green check means up to date. Up to date

Current through Fall 2024

§ 37-48-125’s source at colorado​.gov