§ 24-70-103 — Requisites of legal newspaper

Colorado § 24-70-103

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Publication of Legal Notices and Public Printing

Text

(1) Any and every legal notice or
advertisement shall be published only in a daily, a triweekly, a semiweekly, or a
weekly newspaper of general circulation and printed or published in whole or in
part in the county in which such notice or advertisement is required to be published,
except as provided in this section. The newspaper, if published triweekly,
semiweekly, or weekly, shall have been so published in such county, except as
provided in this section, continuously and uninterruptedly during the period of at
least fifty-two consecutive weeks next prior to the first issue thereof containing
any such notice or advertisement; and the newspaper, if published daily, shall have
been so published in such county, uninterruptedly and continuously, during the
period of at least six months next prior to the first issue thereof containing any such
notice or advertisement. In the case of a municipality having territory in two
counties, each of which counties has one or more legal newspapers within the
municipality, the publication by such municipality of its legal notices and
advertisements in one of such newspapers shall be construed as valid publication
under this part 1.

(2) The mere change in the name of any newspaper or the removal of the
principal business office or seat of publication of any newspaper from one place to
another in the same county shall not break or affect the continuity in the
publication of any such newspaper if the same is in fact continuously and
uninterruptedly printed or published within such county. A newspaper shall not lose
its rights as a legal publication if it fails to publish one or more of its issues by
reason of a strike, transportation embargo or tie-up, or other casualty beyond the
control of the publishers. Any legal notice which fails of publication for the required
number of insertions by reason of a strike shall not be declared illegal if publication
has been made in one issue of the publication.

(3) If in any county in this state no newspaper has been published for the
prescribed period at the time when any such notice or advertisement is required to
be published or if there is no newspaper published therein, such notice or
advertisement may be published in any newspaper published in whole or in part in
an adjoining county and having a general circulation in whole or in part in said
county having no newspaper published therein. If there is no newspaper in any
adjoining county that has been published for the prescribed period at the time when
any such notice or advertisement is required to be published, a required notice or
advertisement may be published in a newspaper having general circulation within
the county.

(4) Notwithstanding any other provision of this part 1, if no newspaper is
published within the territorial boundaries of a municipality that satisfies the
requirements for a legal publication as specified in section 24-70-102, but a
newspaper that provides local news and that would satisfy the requirements to be
admitted to the United States mails with periodicals mailing privileges but for the
absence of paid circulation is distributed within such territorial boundaries, the
municipality may publish any legal notice or advertisement required by law in such
newspaper.

(5) When any legal notice is required by law to be published in any
newspaper, the newspaper publishing the notice shall, at no additional cost to the
person or entity placing the notice, place the notice on a statewide website
established and maintained by an organization representing a majority of Colorado
newspapers as a repository for the notices.

Legislative History

Source: L. 21: p. 570, � 3. C.L. � 5394. L. 35: p. 684, � 1. CSA: C. 130, � 3. CRS 53: � 109-1-3. C.R.S. 1963: � 109-1-3. L. 73: p. 1094, � 1. L. 2010: (4) added, (HB 10-1063), ch. 26, p. 101, � 1, effective March 18. L. 2012: (3) amended, (HB 12-1229), ch. 82, p. 272, � 2, effective August 8. L. 2014: (5) added, (HB 14-1086), ch. 20, p. 151, � 1, effective August 6.