C.R.S. Section 38-6-112
Objections

  • default
  • burden of proof
  • findings
  • reappraisement
Any person who is the owner of, or who has any interest in, any of the property mentioned in said report, whether appropriated or damaged or against which special benefits have been assessed, may appear, at or before the time fixed by the court for the consideration of said report but not after said time, and file his written objection to said report. Default shall be entered against the owners of all property mentioned in said report who have not filed objections thereto within said time, and the report shall be confirmed by the court as to such persons. At the time fixed by the court for the consideration of said report, the court shall proceed to hear any objections that have been filed, except where a jury trial has been demanded, as provided for in section 38-6-113. Any party interested in said proceeding may introduce such evidence as may tend to establish the right of the matter. The burden of proof to change any finding, award, or assessment of said commissioners shall be upon the person objecting thereto. If it appears to the court that the property of the objector has been appraised by the commissioners at more or less than the fair, actual cash market value thereof, or that the fair, direct, and actual damage to property not taken is greater or less than the amount awarded by the commissioners, or that the property of the objector is assessed a special benefit in an amount greater than it will be actually benefited by the proposed improvement, the court shall so find and shall also find what the proper award or assessment shall be, and judgment shall be rendered accordingly. The court, for good cause shown, may modify, alter, change, annul, or confirm the report of the commissioners, or any part thereof, or may order a new appraisement and assessment as to any of the property affected in the proceeding by the same commissioners or by other commissioners appointed by the court.

Source: Section 38-6-112 — Objections - default - burden of proof - findings - reappraisement, 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

§ 38-6-112’s source at colorado​.gov