§ 38-1-111 — Possession pending appeal

In cases in which compensation is
ascertained, if the owner of the property taken or affected prosecutes an appeal as
provided by law and the Colorado appellate rules, the petitioner may pay into court
or to the clerk thereof the amount of compensation ascertained and awarded for
the use of the owner and shall thereupon be entitled to take possession and use the
property taken or affected the same as if no such appeal had been taken. The
money so deposited shall remain on deposit until such appeal has been heard and
determined. If the owner elects to receive such money before the determination of
said appeal, the appeal shall thereupon be dismissed so far as such owner is
concerned. If the appeal is taken by the petitioner, the amount of compensation
shall nevertheless be paid into court or to the clerk thereof for the use of the owner
of the property condemned or affected before such petitioner has the right to take
possession of and use said property so condemned or affected. Such compensation
may be paid to such owner, at any time before the determination of such appeal,
upon the execution and delivery of a good and sufficient bond by such owner with
good and sufficient sureties, to be approved by said court, in a sum double the
amount of such compensation, conditioned that such owner will pay and refund to
such petitioner all or such part of said sum as said owner may be required or
adjudged to pay said petitioner, together with the cost of said appeal.

Legislative History

Source: G.L. � 1071. G.S. C. � 250. R.S. 08: � 2428. C.L. � 6324. CSA: C. 61, � 14. CRS 53: � 50-1-14. C.R.S. 1963: � 50-1-14.