Colorado Revised Statutes 2016 TITLE 38

1 Colorado Revised Statutes 2016 TITLE 38 PROPERTY - REAL AND PERSONALEMINENT DOMAINARTICLE 1 ProceedingsPART 1 PROCEEDINGS - REQUIREMENTS ANDLIMITATIONS - DETERMINATIONOF JUST COMPENSATION 38-1-101. Compensation - public use - commission - jury - court - prohibition onelimination of nonconforming uses or nonconforming property design by amortization -limitation on extraterritorial condemnation by municipalities -definitions. (1) (a) Notwithstanding any other provision of law, in order to protect property rights,without the consent of the owner of the property, private property shall not be taken or damaged bythe state or any political subdivision for a public or private use without just compensation.

2 (b) (I) For purposes of satisfying the requirements of this section, "public use" shall notinclude the taking of private property for transfer to a private entity for the purpose of economicdevelopment or enhancement of tax revenue. Private property may otherwise be taken solely for thepurpose of furthering a public use.(II) By enacting subparagraph (I) of this paragraph (b), the general assembly does not intendto create a new procedural mechanism to bring about the condemnation of private property. Byenacting subparagraph (I) of this paragraph (b), the general assembly intends to limit only asprovided in subparagraph (I) of this paragraph (b), and not expand, the definition of "public use".

3 (c) Nothing in this section shall affect the right of a private party to condemn property asotherwise provided by law.(2) (a) In all cases in which compensation is not made by the state in its corporate capacity,such compensation shall be ascertained by a board of commissioners of not less than threedisinterested and impartial freeholders pursuant to section 38-1-105 (1) or by a jury when requiredColorado Revised Statutes 2016 Uncertified Printout1by the owner of the property as prescribed in section 38-1-106. All questions and issues, except theamount of compensation, shall be determined by the court unless all parties interested in the actionstipulate and agree that the compensation may be so ascertained by the court.

4 In the event of suchstipulation and agreement, the court shall proceed as provided in this article for the trial of suchcauses by a board of commissioners or jury.(b) Notwithstanding any other provision of law, in any condemnation action, without theconsent of the owner of the property, the burden of proof is on the condemning entity to demonstrate,by a preponderance of the evidence, that the taking of private property is for a public use, unless thecondemnation action involves a taking for the eradication of blight, in which case the burden ofproof is on the condemning entity to demonstrate, by clear and convincing evidence, that the takingof the property is necessary for the eradication of blight.

5 (3) (a) Notwithstanding any other provision of law to the contrary, a local government shallnot enact or enforce an ordinance, resolution, or regulation that requires a nonconforming propertyuse that was lawful at the time of its inception to be terminated or eliminated by amortization.(b) (Deleted by amendment, L. 2006, p. 1749, 1, effective June 6, 2006.)(4) (a) The general assembly hereby finds and declares that:(I) The acquisition by condemnation by a home rule or statutory municipality of propertyoutside of its territorial boundaries involves matters of both statewide and local concern becausesuch acquisition by condemnation may interfere with the plans and operations of other localgovernments and of the state.

6 (II) In order that each local government and the state enjoy the greatest flexibility withrespect to the planning and development of land within its territorial boundaries, it is necessary thatthe powers of a home rule or statutory municipality to acquire by condemnation property outside ofits territorial boundaries be limited to the narrowest extent permitted by article XX of the stateconstitution.(b) (I) Effective January 1, 2004, no home rule or statutory municipality shall either acquireby condemnation property located outside of its territorial boundaries nor provide any funding, inwhole or in part, for the acquisition by condemnation by any other public or private party of propertylocated outside of its territorial boundaries; except that the requirements of this paragraph (b) shallnot apply to condemnation for water works, light plants, power plants, transportation systems,heating plants, any other public utilities or public works, or for any purposes necessary for such uses.

7 (II) Effective January 1, 2004, no home rule or statutory municipality shall either acquire bycondemnation property located outside of its territorial boundaries for the purpose of parks,recreation, open space, conservation, preservation of views or scenic vistas, or for similar purposes,nor provide any funding, in whole or in part, for the acquisition by condemnation by any otherprivate or public party of property located outside of its territorial boundaries for the purpose ofparks, recreation, open space, conservation, preservation of views or scenic vistas, or for similarpurposes except where the municipality has obtained the consent of both the owner of the propertyto be acquired by condemnation and the governing body of the local government in which territorialboundaries the property is located.

8 (c) Effective January 1, 2004, the provisions of this subsection (4) shall supersede anyinconsistent statutory provisions whether contained in this TITLE or any other TITLE of the ColoradoRevised Revised Statutes 2016 Uncertified Printout2(5) For purposes of this section, unless the context otherwise requires:(a) "Local government" means a county, city and county, town, or home rule or statutorycity.(b) "Political subdivision" means a county; city and county; city; town; service authority;school district; local improvement district; law enforcement authority; urban renewal authority; cityor county housing authority; water, sanitation, fire protection, metropolitan, irrigation, drainage, orother special district; or any other kind of municipal, quasi-municipal, or public corporationorganized pursuant to Necessity of taking land for pipelines.

9 (1) When a court is determining thenecessity of taking private land or nonfederal public land for the installation of a pipeline, the courtshall require the pipeline company:(a) To show that the particular land lies within a route which is the most direct routepracticable;(b) To post a bond with the court equal to double the amount which the court determines tobe the estimated cost of restoring the affected land to the same or as good a condition as it was inprior to the installation of the pipeline; except that the pipeline company may elect to deposit cash,negotiable bonds of the United States government or any political subdivision of this state, ornegotiable certificates of deposit of any bank or other savings institution organized or transactingbusiness in the United States equal to double such cost.

10 Said bond shall not be released until thecourt is satisfied that the condemned land has been restored to the same or as good a condition asexisted prior to the installation of the pipeline, and, if the affected land is productive agriculturalland, that the soil which sustains the agricultural activity has been restored so as to provide for thecontinuation of such agricultural activity, and that any damages awarded by the court have been the condemned land is adjacent to or in proximity of the boundary of federal land of comparableuse, such bond shall not be released until the company has restored the land to at least the samereclamation standards and meets such other standards and requirements for such federal land asrequired by the laws, rules, and regulations of the federal government.