(1)After the filing of a petition for the
organization of a subdistrict pursuant to section 37-46-112, a written protest
objecting to the organization of the subdistrict may be filed with the court clerk up
to thirty days before the date for the hearing on the petition, but not after the date
of the hearing. The protest must be signed by a majority of the landowners in the
proposed subdistrict. The clerk of the court shall then make as many certified
copies of the written protest, including the signatures, as there are counties into
any part of which the proposed subdistrict extends and provide a copy to the
county treasurer of each of the counties.
(2)It is the duty of each of such county treasurers to determine from the last
tax rolls of his county, and to certify to said dis
Free access — add to your briefcase to read the full text and ask questions with AI
(1) After the filing of a petition for the
organization of a subdistrict pursuant to section 37-46-112, a written protest
objecting to the organization of the subdistrict may be filed with the court clerk up
to thirty days before the date for the hearing on the petition, but not after the date
of the hearing. The protest must be signed by a majority of the landowners in the
proposed subdistrict. The clerk of the court shall then make as many certified
copies of the written protest, including the signatures, as there are counties into
any part of which the proposed subdistrict extends and provide a copy to the
county treasurer of each of the counties.
(2) It is the duty of each of such county treasurers to determine from the last
tax rolls of his county, and to certify to said district court under his official seal,
prior to the day fixed for the hearing, the total number of owners of land situate in
such proposed subdistrict within his county and the total number of owners of land
situate in such proposed subdistrict within his county who have signed such protest.
Such certificate shall constitute prima facie evidence of the facts so stated therein
and shall be so received and considered by the court.
(3) Upon the day set for the hearing upon the original petition, if it appears to
the court from such certificate and from such other evidence as may be adduced by
any party in interest that the said protest is not signed by a majority of the owners
of land within the proposed subdistrict, the court shall thereupon dismiss said
protest and shall proceed with the hearing on the petition. If it appears to the court
at said hearing that the protest is signed by any person or corporation who signed
the original petition for the organization of said subdistrict, either to the court or to
the district, then the signature of any such landowner upon the protest shall be
disregarded and not counted. The board of county commissioners of any county in
which any part of said proposed subdistrict is situate, or any owner of real property
in said proposed subdistrict who has not signed the petition for the organization of
said subdistrict, on or before the date set for the cause to be heard, may file
objections to the organization and incorporation of the district. Such objections
shall be limited to a denial of the statements in the petition and shall be heard by
the court as an advanced case without unnecessary delay.
(4) Upon said hearing, if it appears that said petition has been signed and
presented in accordance with the requirements of this article and that the
allegations of the petition are true, the court shall enter a decree and therein
adjudicate all questions of jurisdiction and declare the subdistrict organized and
designate the name of said subdistrict, by which in all subsequent proceedings it
shall thereafter be designated and known, and thereafter said subdistrict shall be
deemed a special improvement district.
(5) Such order shall be binding upon the real property within the subdistrict,
and no appeal or other remedy shall lie therefrom, and entry of such order shall
finally and conclusively establish the regular organization of said subdistrict
against all persons except the state of Colorado in an action in the nature of quo
warranto to be commenced by the attorney general within three months after said
decree is entered and not otherwise. Within ten days after such subdistrict has
been declared duly organized by the court, the clerk of said court shall transmit to
the county clerk and recorder in each of the counties having lands in said
subdistrict copies of the findings and decree of the court establishing said
subdistrict. The same shall be recorded in the office of the county clerk and
recorder, where they shall become permanent records.