§ 38-1-109 — Intervention - cross petition

Any person not made a party to such
proceeding may become such by filing a cross petition at any time before the
hearing, setting forth that he is an owner or has an interest in the property sought
to be taken or damaged by the petitioner and stating the character and extent of
such interest. The rights of such person shall thereupon be fully considered and
determined. Except for such cross petition, there shall be no written pleadings on
the part of any party to the proceeding, but, at the hearing provided for in section
38-1-105, the court shall hear and dispose of all objections that may be raised
touching the legal sufficiency of the petition or cross petition or the regularity of
the proceedings in any other respect. In case any person or corporation at any time
or in any manner succeeds to the right of any party in the subject matter of the
proceeding, such proceeding shall not abate thereby, but such person or
corporation, upon motion and upon proof of the fact of such succession, shall be
substituted for such party as a party to the proceeding.

Legislative History

Source: G.L. � 1069. G.S. C. � 248. L. 1889: p. 158, � 4. R.S. 08: � 2426. C.L. � 6322. CSA: C. 61, � 12. CRS 53: � 50-1-12. C.R.S. 1963: � 50-1-12.