§ 35-45-103 — District court has jurisdiction

Colorado § 35-45-103

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Public Domain Range

Text

(1) Whenever a dispute arises as
to which respective class of livestock has the better right to graze upon a particular
portion of the public domain, the district court of the county in which some or all of
the disputed area lies has jurisdiction to determine the matters in an action in equity
for an injunction to be brought by a person claiming such better right and against a
person violating or threatening to violate such alleged better right. In all actions
brought under the terms of this article 45, service of process may be made in
person or by publication and shall be conducted in accordance with rule 4 of the
Colorado rules of civil procedure. The plaintiff may proceed against all unknown
defendants the same as in an action in rem and may have said disputed area
established either as a cattle or sheep range, as the case may be. In such action, if a
defendant disclaims or suffers a decree against the defendant by default, costs
shall not be taxed against the defendant. The court may in its discretion grant a
temporary restraining order or a temporary injunction as in ordinary cases of suits
for injunctions.

(2) When such cause is at issue, the court shall in the first instance refer all
questions of fact to three referees. Said referees shall be residents of the state of
Colorado and two of them, if possible, shall be persons using or residing in the
vicinity of the range concerning which the dispute arises, and one of whom shall be
engaged in the cattle business and one person engaged in the sheep business, if
discreet persons engaged in said businesses are available. The two, immediately
upon taking the oath as referees, shall designate some disinterested person to act
as a third referee and, subject to such objection as may be made as provided by law,
the court may appoint the third person so designated. In the event of failure to
agree upon the third member of said board, the court shall have authority to name
the third person.

(3) The referees shall possess the qualifications, exercise the powers and
functions, and, except as otherwise provided in this section, be subject to the same
objections as provided by law, and the procedure before said referees shall be as
provided by the Colorado rules of civil procedure. Within ten days after the report of
said referees is filed, any party to the action may file written objections to said
report, specifically setting forth the objections thereto and asking that the same be
modified or disapproved, as the case may be. The court shall thereupon hear and
determine all said objections and either approve or set said report aside. Thereupon
the court may require additional findings or may assume jurisdiction and determine
all questions at issue and enter a decree accordingly. Unless objections are filed to
said report, the same shall be final and a decree shall be entered thereon.

(4) Upon final hearing, either upon the report of said referees or at the
conclusion of the hearing by the court, if it appears that plaintiff has the preferred
or better right to the use of the public domain in question as against the
defendants, the court shall enter a decree finding as definitely as may be the
boundaries of such disputed area and may enjoin and restrain the defendants and
their servants, agents, and employees, from interfering with such right of the
plaintiff and others engaged in the same business and award such other relief as
justice and equity may require.

Legislative History

Source: L. 29: p. 444, � 3. CSA: C. 160, � 162. CRS 53: � 8-8-3. C.R.S. 1963: � 8-8-3. L. 2025: (1) amended, (HB 25-1084), ch. 24, p. 130, � 126, effective August 6.