Colorado § 37-23-104 Hearing on appeal - special jury

Colorado Statutes

§ 37-23-104 — Hearing on appeal - special jury

Colorado § 37-23-104

Title 37Water and

Art.Assessment for Benefits

This text of Colorado § 37-23-104 (Hearing on appeal - special jury) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 37-23-104 (2026).

Text

(1)Appeals taken to the district court may be heard at the discretion of the court; except that ten days shall intervene from the time of taking the appeal and the date set for hearing. The costs of such appeal, at the discretion of the court, may be divided between the drainage district and the owner of the land who may appeal from the classification of the board of directors. It is the duty of the district court to cause to be summoned six landowners living outside of the drainage district, who are not interested in any lands or work in said district, or of kin to any of the parties interested, to meet at the courthouse at a time set by the court for hearing any appeal that may be taken from the decision of the board of directors. The six landowners shall be men who have some

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(1) Appeals taken to the
district court may be heard at the discretion of the court; except that ten days shall
intervene from the time of taking the appeal and the date set for hearing. The costs
of such appeal, at the discretion of the court, may be divided between the drainage
district and the owner of the land who may appeal from the classification of the
board of directors. It is the duty of the district court to cause to be summoned six
landowners living outside of the drainage district, who are not interested in any
lands or work in said district, or of kin to any of the parties interested, to meet at the
courthouse at a time set by the court for hearing any appeal that may be taken from
the decision of the board of directors. The six landowners shall be men who have
some knowledge of the costs and benefits of farm drainage and shall be sworn as a
special jury to try the case on appeal. Should any of said landowners fail to appear
at the time named, or should any of those summoned be rejected under the
exercise of the usual right of challenge, the court may cause to be summoned any
other qualified landowner to fill such vacancy, or the case may be tried by three
qualified jurors if both parties to the suit so agree.

(2) Whenever the special jury summoned to hear appeals has been sworn, it
is the duty of the court to lay before them the classifications as determined by the
drainage district board of directors, and they shall examine the same and hear
allegations and testimony in opposition to and in support of the same and, if
requested by either party to the appeal, may visit the district and view the lands. If
they find the tracts of land in question are marked too high or too low in the
classification, they shall correct the errors; but, if no injustice has been done, they
shall confirm the classification as made by the board of directors. Their final
determination shall be made in writing and filed with the records of the court.

(3) The classification when established shall also be recorded with other
papers on the drainage record. Appellate review of the final decision of the district
court, entered pursuant to the decision of the special jury, may be had in an
appellate court as in other civil actions and pursuant to the Colorado appellate
rules.