§ 37-4-109 — Appeals from awards

(1) Any person or public or private
corporation desiring to appeal from an award of the appraisers as to compensation,
damages, or benefits shall, within ten days from the judgment of the court
confirming the report of the appraisers, file with the clerk of the court a written
notice making demand for a jury trial. If the appeal is solely from an award as to
benefits, the appellant shall, at the same time, file a bond with good and sufficient
security to be approved by the clerk, in a sum not exceeding two hundred dollars, to
the effect that if the verdict is not more favorable to appellant than the award of
the appraisers, the appellant will pay the costs of the appeal. The appellant shall
state definitely from what part of the order the appeal is taken. The appeal may be
from the award of compensation, damages, or benefits, or one or more of them, but
from no other part of the judgment of the court confirming the report of the
appraisers.

(2) In case more than one appeal is filed from the award as to compensation,
damages, or benefits, the court may, upon a showing that the same may be
consolidated without injury to the interest of anyone, consolidate and try the same
together.

(3) Upon demand for a jury trial to fix the amount of compensation for
property proposed to be taken or damaged, the court shall order the board of
directors at once to begin condemnation proceedings therefor in the district court
of the county in which are situate the lands sought to be condemned, in the district
court in and for such county, which suit shall be conducted in accordance with
articles 1 to 7 of title 38, C.R.S., concerning the right of eminent domain, where a
jury is demanded.

(4) Upon demand for a jury trial to fix the assessment of benefits or the
assessment of damages other than those incident to condemnation proceedings,
the court shall order the board of directors to present a petition embodying the
facts and the claims made in short form, which shall be filed in the court in which
the original case is pending, whereupon a jury shall be empaneled according to law
to try and determine the issue presented, as in condemnation proceedings.

Legislative History

Source: L. 22: p. 37, � 33. C.L. � 9547. CSA: C. 138, � 158. CRS 53: � 30-4-9. C.R.S. 1963: � 29-4-9.