§ 38-1-102 — Petition - contents - parties

(1) In all cases where the right to
take private property for public or private use without the owner's consent or the
right to construct or maintain any railroad, spur or side track, public road, toll road,
ditch, bridge, ferry, telegraph, flume, or other public or private work or improvement
which may damage property not actually taken is conferred by general laws or
special charter upon any corporate or municipal authority, public body, officer or
agent, person, commissioner, or corporation and the compensation to be paid for, in
respect of property sought to be appropriated or damaged for the purposes
mentioned, cannot be agreed upon by the parties interested; or, in case the owner
of the property is incapable of consenting, or his name or residence is unknown, or
he is a nonresident of the state, it is lawful for the party authorized to take or
damage the property so required to apply to the judge of the district court where
the property or any part thereof is situate by filing with the clerk a petition, setting
forth, by reference, his authority in the premises, the purpose for which said
property is sought to be taken or damaged, a description of the property, the names
of all persons interested as owners or otherwise, as appearing of record, if known,
or, if not known, stating that fact, and praying such judge to cause the
compensation to be paid to the owner to be assessed. If the proceedings seek to
affect the property of persons under guardianship, the guardians or conservators of
persons having conservators shall be made parties defendant. Persons interested
whose names are unknown may be made parties defendant by the description of
the unknown owners. In all such cases an affidavit shall be filed by or on behalf of
the petitioner, setting forth that the names of such persons are unknown.

(2) In cases where the property is sought to be taken or damaged by the
state for the purpose of establishing, operating, or maintaining any state house or
charitable or other state institution or improvement, the petition shall be signed by
the governor or such other person as he directs or as is provided by law.

(3) Under the provisions of this section, private property may be taken for
private use, for private ways of necessity, and for reservoirs, drains, flumes, or
ditches on or across the lands of others for agricultural, mining, milling, domestic,
or sanitary purposes.

Legislative History

Source: G.L. � 1059. G.S. C. � 238. L. 1885: p. 200, � 1. L. 01: p. 173, � 1. R.S. 08: � 2416. C.L. � 6312. CSA: C. 61, � 2. CRS 53: � 50-1-2. L. 55: p. 368, � 1. C.R.S. 1963: � 50-1-2. L. 64: p. 265, � 154.