C.R.S. Section 38-6-105
Answer

  • hearing
  • commissioners
Any defendant has the right to appear in the proceeding and file an answer, in writing, with the clerk of the court, at any time prior to the date fixed for the hearing of the petition but not thereafter, in which answer said defendant shall set forth such legal objections as he may have to the condemnation or appropriation of any property owned by him or to the prosecution of said proceeding. At the time set for the hearing of said petition or such time to which the hearing may have been continued by the court, the court shall proceed to hear any objections raised by the answer, if any there be. The court has no power to inquire into the necessity of exercising the power of eminent domain for the purpose proposed, nor into the necessity of making the proposed improvement, nor into the necessity of taking the particular property described in the petition. If the court finds that the petitioner has the right to prosecute said proceeding and such objections as may have been filed are overruled, the court shall appoint three disinterested commissioners in condemnation, freeholders of real estate in said city or city and county and residents thereof, who shall have the powers and duties provided in this part 1. No person shall be disqualified to act as a commissioner by reason of the fact that he may own either the fee or other interest in or to property that might be assessed a special benefit on account of the proposed improvement.

Source: Section 38-6-105 — Answer - hearing - commissioners, 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

§ 38-6-105’s source at colorado​.gov