C.R.S. Section 38-6-107
Assessment of damages

  • lien
  • fund
It is the duty of the commissioners to estimate, fix, and determine the fair and actual cash market value of all property proposed to be taken for the improvement, without reference to the projected improvement, and the fair, direct, and actual damage caused on account of said improvement to other property not taken for the improvement. The commissioners shall provide for the payment of the total amount of their awards for land taken and damaged, in all cases where the resolution or ordinance authorizing the improvement so provides, by assessing against the owners of all real estate which, in their opinion, will be specially benefited by the proposed improvement the amounts of said benefit as special assessments, and such commissioners shall assess the balance required to make said total amount as a general assessment against the petitioning city or city and county. Such special benefits shall be assessed against the owners of each lot or parcel of property that is, in the opinion of said commissioners, specially benefited by said improvement, which said special benefits shall be a lien on the property so charged, and shall be collected as provided by the charter or ordinance of said city or city and county, and when so collected shall be paid into the treasury of said city or city and county as a separate fund, to be used for the payment of the awards and damages.

Source: Section 38-6-107 — Assessment of damages - lien - fund, 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

§ 38-6-107’s source at colorado​.gov