§ 37-4-102 — Appraisals

Colorado § 37-4-102

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Appraisal of Benefits

Text

(1) During the preparation of the official plan, the
board of appraisers shall examine and become acquainted with the nature of the
plans for the improvement and of the lands and other property affected thereby, in
order that they may be better prepared to make appraisals.

(2) When the official plan is filed with the secretary of the district, he shall at
once notify the appraisers, and they shall thereupon proceed to appraise the
benefits of every kind to all land and property within or without the district which
will result from the organization of said district and the execution of the official
plan. They shall also appraise the damages sustained and the value of the land and
other property necessary to be taken by the district for which settlement has not
been made by the board of directors. In the progress of their work, the appraisers
shall have the assistance of the attorney, engineers, secretary, and other agents
and employees of the district.

(3) The board of appraisers shall also appraise the benefits and damages, if
any, accruing to cities, towns, counties, and other public corporations as political
entities, and to the state of Colorado, and the same shall be considered the same as
benefits or damages, as the case may be, to land or other property.

(4) Before appraisals of compensation and damages are made, the board of
directors of the district may report to the appraisers the parcels of land it wishes to
purchase and for which it wishes appraisals to be made, both for easement and for
purchase in fee simple, and the directors may specify the particular purpose for
which and the extent to which an easement in any property is desired, describing
definitely such purpose and extent.

(5) The appraisers shall appraise all damages which may, because of the
execution of the official plan, accrue to real or other property, either within or
without the district, which damages shall also cover easements acquired by the
district for all of the purposes of the district, unless otherwise specifically stated.

(6) Wherever instructed to do so by the board of directors, the appraisers
shall appraise lands which it may be necessary or desirable for the district to own
and shall appraise both the total value of the land and also the damages due to an
easement for the purposes of the district. Upon such appraisals being confirmed by
the court, the board of directors of the district shall have the option of paying the
entire appraised value of the property and acquiring full title to it in fee simple or of
paying only the cost of such easement, for the purposes of the district.

(7) Upon written demand by the owner, such option shall be exercised by the
directors within ninety days after the date of the final judicial determination of such
appraisal. The appraisers in appraising benefits and damages shall consider only
the effect of the execution of the official plan. Appraisals of value for property
taken shall be made without reference to any increase in value thereof due to the
execution of the official plan. The appraisers in making appraisals shall give due
consideration and credit to any other works or other systems of protection already
constructed or under construction which form a useful part of the work of the
district according to the official plan. Where the appraisers or a jury, in case one is
called, returns no appraisal of damages to any property, it is deemed a finding by it
that no damages will be sustained.

Legislative History

Source: L. 22: p. 32, � 26. C.L. � 9540. CSA: C. 138, � 151. CRS 53: � 30-4-2. C.R.S. 1963: � 29-4-2.