§ 37-6-104 — Remedy for injury by a district

Colorado § 37-6-104

• Jurisdiction: Colorado
• Title 37: Water and
• Art.: Intercorporate Relations and Jurisdiction

Text

(1) In case any person or public
corporation, within or without any district organized under articles 1 to 8 of this title,
may be injuriously affected with respect to property rights in any manner
whatsoever by any act performed by any official or agent of such district, or by the
execution, maintenance, or operation of the official plan, and except as otherwise
provided in article 10 of title 24, C.R.S., and in case no other method of relief is
offered under articles 1 to 8 of this title, the remedy shall be as follows: The person
or public corporation seeking relief shall petition the court before which said
district was organized for an appraisal of damages sufficient to compensate for
such injuries. The court shall thereupon direct the board of appraisers of the district
to appraise said damages and injuries and to make a report to the court on or before
the time named in the order of the court. Upon the filing of such report, the court
shall cause notice to be given to the petitioner and to the directors of the district of
a hearing on said report. At the time of such hearing, the court shall consider said
report of said appraisers and may ratify said report or amend it as the court may
deem equitable or may return it to the said board of appraisers and require them to
prepare a new report. Upon the filing of an order of the court approving said report
of said appraisers, with such modifications as it may have made, said order shall
constitute a final adjudication of the matter, unless it is appealed in the manner
provided in this article, within twenty days.

(2) Appeal from said order to a jury may be had as provided in this article, in
case of condemnation proceedings, by the petitioners, by the directors of the
district, or by any person or corporation adversely affected by the report of the
appraisers. No damages shall be allowed under this section which would not
otherwise be allowed by law; but nothing in this section shall be construed to
deprive any person or public corporation of the remedy of injunction in the case of
prospective irreparable injury.

Legislative History

Source: L. 22: p. 68, � 62. C.L. � 9576. CSA: C. 138, � 187. CRS 53: � 30-6-4. C.R.S. 1963: � 29-6-4. L. 71: p. 1212, � 4.