§ 31-25-406 — Claims for damages or compensation

(1) Any person owning, or
having any legal or equitable interest in, any real property which might suffer legal
damage by reason of the establishment of the proposed pedestrian mall shall file,
prior to the first reading of the ordinance establishing the pedestrian mall, a written
claim for damages with the clerk. Such written claim shall describe the real
property as to which the claim is made, shall state the exact nature of the
claimant's interest therein, shall state the exact nature of and grounds for the
claimed damage thereto, and shall state the amount of damages claimed. The
failure to file such written claim within the time provided in this subsection (1) is a
waiver of any claim for damages or compensation and shall operate as a complete
bar to any subsequent action seeking to prevent the establishment of said
pedestrian mall or to recover damages on account of such establishment, and, in
the event a claim is filed, such filing shall operate as a complete bar in any
subsequent action for the recovery of any damages or compensation in excess of
the amount stated in such claim. Any such claim may be withdrawn by the claimant
at any time by written withdrawal with the same effect as if it had never been filed.
The governing body shall receipt for the claims that have been filed in accordance
with this section for damages or compensation from the establishment of the
proposed mall.

(2) The governing body may allow any claim for damages made pursuant to
this section. Any claim so allowed shall be for the full amount of damages claimed
in the written claim; except that the governing body, with the written consent of the
claimant, may allow a claim for a lesser amount. In the event the claim is not
allowed in full, or a suitable lesser amount is not agreed upon between the claimant
and the governing body, or the governing body refuses to recognize the claim, the
claimant or the governing body, through its legal counsel, may institute
proceedings in court to ascertain the amount, if any, due the claimant; however, in
no event shall an action be instituted later than two years after the date the claim
has been denied. Any amount determined to be due to the claimant shall accrue
interest at six percent per annum from the date that vehicular traffic is prohibited,
in whole or in part, on the pedestrian mall, which closing in fact is the act from
which the claimed damages arise.

(3) Before vehicular traffic is prohibited, in whole or in part, on the pedestrian
mall, the governing body or another agency to which it is intended the mall will be
conveyed shall pay the amounts allowed or enter into agreements with good and
sufficient surety to pay the principal amounts allowed or, in the event the claim is to
be litigated, an amount which the court determines is sufficient to pay the
compensation in that behalf when ascertained. The required surety bond may be
waived in writing by the claimant.

(4) Those lawsuits instituted to determine the amount of damages, if any, to
be allowed shall be in the nature of a proceeding in eminent domain for the
condemnation of the right in real property, the taking of which by the establishment
of the pedestrian mall results in the damages claimed. The complaint shall in no
way be construed as an admission that the rights in fact exist or that damages or
compensation are due therefor. The court shall first determine the nature of the
right in real property, if any, being taken. Such proceedings shall then be governed
under the applicable statutes and proceedings of articles 1 to 7 of title 38, C.R.S.,
except as otherwise provided by this part 4.

(5) Nothing in this part 4 shall be construed or interpreted as creating any
new right in any person to damages or compensation by reason of the
establishment of a pedestrian mall, it being the intention of the general assembly in
enacting this part 4 to provide an orderly method for the determination and
payment only of such damages and compensation as are required under the
constitutions of the state of Colorado and the United States. In this connection, the
general assembly expressly declares that, to the extent to which the establishment
of a pedestrian mall is justifiable as an exercise of the police power for which no
compensation is constitutionally required, no damages or compensation shall be
allowed in any action.

(6) The general assembly expressly declares that the establishment of a
pedestrian mall and the prohibition of vehicular traffic, in whole or in part, is a
legislative act and within the discretion of the governing body except to the extent
which may otherwise be provided in this part 4.

(7) Once the pedestrian mall has been established in accordance with the
provisions of this part 4, the nature of the title held by the governing body shall be
deemed a fee simple.

(8) In the event the governing body vacates the pedestrian mall or any part
thereof by official act and such pedestrian mall or part thereof is not designated by
the governing body to revert to a public street, the real property thereby vacated
shall vest in abutting landowners in the same manner as if a public street were
being vacated.

Legislative History

Source: L. 75: Entire title R&RE, p. 1186, � 1, effective July 1.