§ 38-1-114 — Formula for computing compensation - definitions

Colorado § 38-1-114

• Jurisdiction: Colorado
• Title 38: Property -
• Art.: Proceedings

Text

(1) Except for
the provisions of subsection (2) of this section that shall apply to acquisitions for
highways and transportation projects undertaken by the regional transportation
district created by article 9 of title 32, C.R.S., the right to compensation and the
amount thereof, including damages and benefits, if any, shall be determined
initially as of the date the petitioner is authorized by agreement, stipulation, or
court order to take possession or the date of trial or hearing to assess
compensation, whichever is earlier, but any amount of compensation determined
initially shall remain subject to adjustment for one year after the date of the initial
determination to provide for additional damages or benefits not reasonably
foreseeable at the time of the initial determination. In estimating the value of all
property actually taken, the true and actual value at such time shall be allowed and
awarded. No deduction therefrom shall be allowed for any benefit to the residue of
said property. In estimating damages occasioned to other portions of the claimant's
property or any part thereof other than that actually taken, the value of the
benefits, if any, may be deducted therefrom. In all cases the owner shall receive the
full and actual value of all property actually taken. In case the benefit to the
property not actually taken exceeds the damages sustained by the owner to the
property not actually taken, the owner shall not be required to pay or allow credit
for such excess.

(2) (a) For acquisitions for highways and transportation projects undertaken
by the regional transportation district created by article 9 of title 32, C.R.S., the
right to compensation and the amount thereof, including damages and benefits, if
any, shall be determined as of the date the petitioner is authorized by agreement,
stipulation, or court order to take possession or the date of trial or hearing to assess
compensation, whichever is earlier, but any amount of compensation determined
initially shall remain subject to adjustment for one year after the date of the initial
determination to provide for additional damages or benefits not reasonably
foreseeable at the time of the initial determination.

(b) If an entire tract or parcel of property is condemned, the amount of
compensation to be awarded is the reasonable market value of the said property on
the date of valuation.

(c) If only a portion of a tract or parcel of land is taken, the damages and
special benefits, if any, to the residue of said property shall be determined. When
determining damages and special benefits, the appraiser shall take into account a
proper discount when the damages and special benefits are forecast beyond one
year from the date of appraisal.

(d) In determining the amount of compensation to be paid for such a partial
taking, the compensation for the property taken and damages to the residue of said
property shall be reduced by the amount of any special benefits which result from
the improvement or project, but not to exceed fifty percent of the total amount of
compensation to be paid for the property actually taken.

(3) For purposes of this section, transportation shall have the same
meaning as set forth in section 43-1-102 (6), C.R.S.

Legislative History

Source: G.L. � 1074. G.S. C. � 253. R.S. 08: � 2431. C.L. � 6327. CSA: C. 61, � 17. CRS 53: � 50-1-17. L. 61: p. 375, � 5. L. 63: p. 477, � 2. C.R.S. 1963: � 50-1-17. L. 79: Entire section amended, p. 1381, � 1, effective July 1. L. 87: Entire section amended, p. 1308, � 1, effective July 1. L. 2005: (1) and (2)(a) amended and (3) added, p. 317, � 1, effective August 8.