§ 32-11-706 — General provisions about annexations

(1) The failure of any
person in the urban district or in the area to be annexed to file a written objection to
any proposed annexation in a hearing of the board thereon shall be taken as an
assent on such person's part to the inclusion in the district of the area described in
the notice of the hearing for annexation.

(2) The action of the board in its determination that any proposed annexation
which it orders is feasible and to the best interests of the district shall be final,
conclusive, and not subject to review.

(3) Whenever the board by resolution enters an order annexing any real
property to the urban district, the secretary of the board shall forthwith file the
resolution:

(a) With the secretary of state;

(b) With the attorney general of the state;

(c) With the division of local government; and

(d) With each county clerk and recorder, county assessor, and county
treasurer of the county or counties in which the annexed real property is located.

(4) If an order is so entered annexing real property to the urban district, such
order is deemed final. The entry of such order finally and conclusively establishes
the annexation of the real property to the district against all persons except the
state, in a proceeding in the nature of quo warranto, commenced by the attorney
general within thirty days after the resolution entering such order is filed with him
or her and not otherwise. Such an annexation shall not be directly or collaterally
questioned in any suit, action, or proceeding except as expressly authorized in this
subsection (4).

(5) After the date of the annexation of such real property to the urban
district by the adoption of such resolution, the annexed property shall be liable for
its proportionate share of existing bonded indebtedness of the district; but such
real property shall not be liable for any taxes or service charges levied or assessed
prior to the inclusion of such annexed property in the district, nor shall the entry of
the property into the district be made subject to or contingent upon the payment or
assumption of any penalty, toll, or charge, other than the taxes and service charges
which are uniformly made, assessed, or levied for the entire district except as
otherwise expressly provided in this article.

(6) The urban district acting by and through the board and the owner of the
real property sought to be annexed to the district may enter into an agreement with
respect to the terms and conditions on which such property may be annexed.

Legislative History

Source: L. 69: p. 815, � 206. C.R.S. 1963: � 89-21-206. L. 2016: (4) amended, (HB 16-1094), ch. 94, p. 268, � 17, effective August 10.