§ 37-4-113 — Change of official plan

Colorado § 37-4-113

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

Text

(1) The board of directors may at any time
when necessary to fulfill the objects for which the district was created alter or add
to the official plan, and when such alterations or additions are formally approved by
the board and by the court and are filed with the secretary, they shall become part
of the official plan for all purposes of articles 1 to 8 of this title. Where such
alterations or additions in the judgment of the court neither materially modify the
general character of the work, nor materially increase resulting damages for which
the board is not able to make amicable settlement, nor increase the total cost more
than ten percent above that estimated in the official plan, no action other than a
resolution of the board of directors shall be necessary for the approval of such
alterations or additions. In case the proposed alterations or additions materially
modify the general character of the work, or materially modify the resulting
damages, or materially reduce the benefits for which the board is not able to make
amicable settlement, or materially increase the benefits in such a manner as to
require a new appraisal, or increase the total cost more than ten percent above that
estimated in the official plan, the court shall direct the board of appraisers, which
may be the original board, or a new board appointed by the court on petition of the
board of directors, to appraise the property to be taken, benefited, or damaged by
the proposed alterations or additions.

(2) Upon the completion of the report by the board of appraisers, notice shall
be given and a hearing had on its report in the same manner as in the case of the
original report of the board of appraisers, and the same right of appeal to a jury
shall exist; but where only a few landowners are affected, the clerk of the court
may, on order of the court, if found to be more economical and convenient, give
personal notice of the pendency of the report of said appraisers instead of notice by
publication; and if the only question at issue is additional damages or reduction of
benefits to property due to modifications in or additions to the official plan, the
board of directors may, if practicable, make settlements with the owners of the
property damaged instead of having appraisals made by the board of appraisers. In
case such settlements are made, notice and hearing need not be had. After district
bonds are sold, as provided in articles 1 to 8 of this title, in order that their security
may not be impaired, no reduction shall be made in the amount of uncontested
benefits appraised or costs assessed against any property in the district; but in lieu
of any reduction in assessment, if by reason of a modification in or addition to the
official plan an excessive assessment is made under the provisions of section 37-5-104, the excess shall be paid to the property owner in cash. This provision shall
apply to all changes in appraisals under articles 1 to 8 of this title.

Legislative History

Source: L. 22: p. 40, � 37. C.L. � 9551. CSA: C. 138, � 162. CRS 53: � 30-4-13. C.R.S. 1963: � 29-4-13.