Colorado § 38-1-103 Summons - return - publication

Colorado Statutes

§ 38-1-103 — Summons - return - publication

Colorado·Title 38 Property -·Art. Proceedings

(1)A summons shall be issued and served and proof of service shall be made in accordance with the Colorado rules of civil procedure. The contents of such summons shall be in conformity with said rules; except that it shall notify the respondent or defendant that, upon failure to appear and defend, the court, without further notice, shall cause the compensation to be determined and title vested in the petitioner according to law. When it appears that the owners of the property sought to be condemned cannot be personally served as provided by the Colorado rules of civil procedure, an affidavit shall be filed in said cause by the petitioner or his attorney, setting forth that the person making such affidavit has made diligent inquiry and has been unable to learn the whereabouts of

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(1) A summons shall be issued
and served and proof of service shall be made in accordance with the Colorado
rules of civil procedure. The contents of such summons shall be in conformity with
said rules; except that it shall notify the respondent or defendant that, upon failure
to appear and defend, the court, without further notice, shall cause the
compensation to be determined and title vested in the petitioner according to law.
When it appears that the owners of the property sought to be condemned cannot be
personally served as provided by the Colorado rules of civil procedure, an affidavit
shall be filed in said cause by the petitioner or his attorney, setting forth that the
person making such affidavit has made diligent inquiry and has been unable to
learn the whereabouts of such owners.

(2) The court shall then order a notice to be published in some newspaper
published in said county, addressed to such owners, in which notice shall be stated
the name of the petitioner, a full and accurate description of the property sought to
be taken or condemned, the purpose for which such condemnation is asked, the
time and place at which such owners are required to appear, and the title of the
court or name of the judge before whom said application is to be heard. The court
shall also fix and determine when said notice shall be made returnable, but in no
case shall it be made returnable in less than thirty days. The same shall be
published at least four times in some weekly newspaper before the return day
thereof. If there is no weekly newspaper published in the county in which such
proceedings are had, the court shall direct that said notice be published in some
newspaper, named by him, published in the nearest convenient place to such
county.

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Legislative History

Source: G.L. � 1061. L. 1879: p. 58, � 1. G.S. C. � 240. R.S. 08: � 2418. C.L. � 6314. CSA: C. 61, � 4. CRS 53: � 50-1-4. L. 55: p. 369, � 2. L. 61: p. 370, � 2. C.R.S. 1963: � 50-1-4.