§ 24-56-118 — Buildings, structures, and improvements

Colorado § 24-56-118

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Relocation Assistance and Land Acquisition Policies

Text

(1) Where any interest
in real property is acquired for a program or project for which federal assistance
will be available to pay all or any part of the cost of the program or project, the
acquiring agency shall acquire an equal interest in all buildings, structures, or other
improvements located upon the real property so acquired which are required to be
removed from such real property or which the head of the acquiring agency
determines will be adversely affected by the use to which such real property will be
put.

(2) (a) For the purpose of determining the just compensation to be paid for
any building, structure, or other improvement required to be acquired by subsection
(1) of this section, such building, structure, or other improvement shall be deemed to
be a part of the real property to be acquired notwithstanding the right or obligation
of a tenant, as against the owner of any other interest in the real property, to
remove such building, structure, or improvement at the expiration of his term, and
the fair market value which such building, structure, or improvement contributes to
the fair market value of the real property to be acquired or the fair market value of
such building, structure, or improvement for removal from the real property,
whichever is greater, shall be paid to the tenant therefor.

(b) Payment for such buildings, structures, or improvements as set forth in
this subsection (2) shall not result in duplication of any payments otherwise
authorized by state law. No such payment shall be made unless the owner of the
land involved disclaims all interest in the improvements of the tenant. In
consideration for any such payment, the tenant shall assign, transfer, and release
all his right, title, and interest in and to such improvements. Nothing in this
subsection (2) shall be construed to deprive the tenant of any rights to reject
payment and to obtain payment for such property interests in accordance with
other laws of the state.

Legislative History

Source: L. 71: p. 679, � 1. C.R.S. 1963: � 69-10-18.