C.R.S. Section 38-6-101
Power of towns and cities

Whenever, in a town, city, or city and county, the council thereof or other municipal board having authority by charter or statute passes a resolution or ordinance to establish, construct, extend, open, widen, or alter any street, lane, avenue, boulevard, park, playground, parkway, pleasure way, public square, market, viaduct, bridge, sewer, tunnel, or subway or to build, acquire, construct, or establish any public building or any other public work or public improvement, said town, city, or city and county shall have the right to take, damage, condemn, or appropriate by right of eminent domain such private property as may be required in the manner provided for in this part 1; but, except as specifically authorized by law, no incorporated town shall exercise the power of eminent domain over property outside the town boundaries. In any case where such special benefits are not to be assessed by commissioners as provided in section 38-6-107 against the real estate specially benefited, the said town, city, or city and county may follow the procedure set forth in this part 1 or the procedure set forth in article 1 of this title.

Source: Section 38-6-101 — Power of towns and cities, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

38‑6‑101
Power of towns and cities 38‑6‑102
Petition 38‑6‑103
Defendants - guardian ad litem 38‑6‑104
Judge to set hearing - summons - service - publication 38‑6‑105
Answer - hearing - commissioners 38‑6‑106
Commissioners - oaths - hearing 38‑6‑107
Assessment of damages - lien - fund 38‑6‑108
Commissioners’ report 38‑6‑109
Cost assessed against block 38‑6‑110
Property need not be in city limits 38‑6‑111
Hearing - notice - publication 38‑6‑112
Objections - default - burden of proof - findings - reappraisement 38‑6‑113
Jury trial - motion for new trial - appellate proceedings 38‑6‑114
Costs - compensation 38‑6‑115
Amendments - new parties - notice 38‑6‑116
Decree - copy to city clerk - payments - collection of assessments 38‑6‑117
City may dismiss proceedings 38‑6‑118
Ownership in controversy - award 38‑6‑119
Possession - award paid 38‑6‑120
Review - deposit - possession 38‑6‑121
Lis pendens 38‑6‑122
Eminent domain beyond city limits 38‑6‑201
Condemnation of water rights by municipalities 38‑6‑202
Petition 38‑6‑203
Condemnation - municipal - water supplies - standards and procedures for evaluations 38‑6‑204
Defendants - guardian ad litem 38‑6‑205
Judge to set hearing - summons - service - publication 38‑6‑206
Answer - hearing - jury 38‑6‑207
Duty of commissioners, determination of necessity 38‑6‑208
Commissioners - oaths - hearing 38‑6‑209
Hearing - notice - publication 38‑6‑210
Objections - default - burden of proof - findings - reappraisement 38‑6‑211
Jury trial - motion for new trial - appellate proceedings 38‑6‑212
Costs - compensation 38‑6‑213
Amendments - new parties - notice 38‑6‑214
Decree - copy to municipality - payments - collection of assessments 38‑6‑215
Municipality may dismiss proceedings 38‑6‑216
Ownership in controversy - award
Green check means up to date. Up to date

Current through Fall 2024

§ 38-6-101’s source at colorado​.gov