§ 37-4-112 — Appeals shall not delay proceedings

Colorado § 37-4-112

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

Text

(1) No appeal from an award
by the appraisers under articles 1 to 8 of this title shall be permitted to interrupt or
delay any action or the prosecution of any work under articles 1 to 8 of this title,
except where the appellant is entitled to a jury trial under the constitution of the
state, and the district does not exercise the right of deposit provided by section 37-4-110, in which case only so much of the work shall be interrupted or delayed as
would constitute a taking or damaging of the property of such appellant.

(2) No proceeding to review a judgment of the district court entered under
the provisions of articles 1 to 8 of this title shall be commenced after thirty days
from the entry of the judgment sought to be reviewed.

(3) The board of directors of any district organized under articles 1 to 8 of
this title has the same right as property owners to invoke the jurisdiction of an
appellate court of the state of Colorado to review any reviewable order of the
district court made in any proceeding under said articles.

(4) The failure to appeal from or seek a review of any order of the court in
any proceeding under articles 1 to 8 of this title within the time specified in this
section shall constitute a waiver of any irregularity in the proceedings, and the
remedies provided for in said articles shall exclude all other remedies except as
provided in this section.

Legislative History

Source: L. 22: p. 39, � 36. C.L. � 9550. CSA: C. 138, � 161. CRS 53: � 30-4-12. C.R.S. 1963: � 29-4-12.