§ 24-72-102 — District court to restore destroyed records

Colorado § 24-72-102

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Public Records

Text

(1) Whenever the
public records of any plat or map or any tax list, assessment roll, or any public
record or writing connected with the assessment and collection of the revenues of
such county and of the state which is required to be kept by the county clerk and
recorder of such county in his office is lost or destroyed by fire or otherwise, it is
the duty of the county attorney of the county in which such loss or destruction
occurs to file in the district court of such county an information in the name of the
people of the state of Colorado, setting forth substantially the fact of such loss or
destruction of such public records, or so much thereof as may be desired to be
reproduced and reestablished or restored, with the circumstances attending the
loss or destruction of the same, as nearly as may be, and thereupon the clerk of
such court shall cause such information to be published in full in one or more
newspapers published in such county for the period of four weeks, together with
the notice addressed, To all whom it may concern, that the court, at a term therein
designated to be held not less than four weeks from the first publication of such
information and notice, will proceed to hear and determine the matters in said
information set forth and will take testimony for the purpose of reproducing,
reestablishing, or restoring such records as the court finds to be lost or destroyed.
Upon such publication being made, all persons interested shall be deemed
defendants and may appear in person or by counsel and be heard touching such
proceedings.

(2) If the court is satisfied that any public record has been lost or destroyed,
an order to that effect shall be entered of record, and thereupon the court shall
proceed to take testimony for the purpose of reproducing, reestablishing, or
restoring the records so lost or destroyed. The proceedings may be continued from
time to time and orders and decrees shall be made as to each record, map, plat, tax
list, and assessment roll separately. The clerk shall cause all maps, plats, tax lists,
assessment rolls, or other records adjudged by the court to be correct copies of the
records lost or destroyed, as often and as soon as they are so adjudged, to be filed
in the office of the county recorder, with a certified copy of the order or judgment
of the court in the premises attached thereto and recorded in a book to be provided
for that purpose, and the said record shall be deemed and taken in all courts and
places as a public record and as a true and correct reproduction of the original
record so lost or destroyed; but any tax list or assessment roll so reproduced and
restored, or so much thereof as may be reproduced and restored under the
provisions of this section, shall be sufficient authority for the treasurer of such
county to collect all taxes contained therein, the same in all respects as if it were
the original tax list or assessment roll and were made out, certified, and delivered
to him within the time required by law.

Legislative History

Source: L. 1889: p. 303, � 2. R.S. 08: � 5270. C.L. � 5027. CSA: C. 135, � 2. CRS 53: � 113-1-2. C.R.S. 1963: � 113-1-2.