§ 31-25-1104 — Action in rem - lien against property

Colorado § 31-25-1104

• Jurisdiction: Colorado
• Title 31: Government
• Art.: Public Improvements

Text

(1) In any case of default
as provided in section 31-25-1103, the taxing authority may institute a proceeding in
the nature of an action in rem, in the district court of the county in which the
property is situate, denominated in the matter of the foreclosure of special
assessments for (here insert the nature of the assessment). In such proceeding, it
shall not be necessary to name any property owner or other person.

(2) The petition, when verified by any officer of the taxing authority, shall be
deemed sufficient if it includes the following: The nature of the assessment, a list of
the property in default, the amount of the delinquent assessment including accrued
interest and penalties for nonpayment against each particular lot or tract, and a
request that a date of hearing be fixed not less than twenty nor more than forty
days after the filing of the complaint and that, unless good cause be shown to the
contrary, the court will then enter an order fixing the amount of the delinquency
and costs and authorizing the sale of the property for the payment of the amount so
fixed.

(3) In such proceeding, the taxing authority may act against all or any part of
the property so in default and may elect to proceed with respect to any installment
or installments in default or with respect to the entire assessment if the same is in
default. The sale for any installment shall not extinguish the lien of any installment
subsequently becoming due.

Legislative History

Source: L. 81: Entire part added, p. 1618, � 21, effective July 1.