§ 38-3-103 — Hearing - findings filed - published

Colorado § 38-3-103

• Jurisdiction: Colorado
• Title 38: Property -
• Art.: Condemnation of Public Lands

Text

Upon proof being filed of the
publication of such notice and of such personal service where required, the court, at
the time and place therein fixed or to which the hearing may be adjourned, shall
proceed to hear the allegations and proofs of all persons interested which touch
the matters committed to it, and it shall regulate the order of proof as it may deem
best. The testimony taken by it shall be under oath. The court shall determine the
truth of the matters alleged and set forth in the petition and also the compensation
to be paid to such owner for the lands, rights-of-way, or other rights or easements
in lands to be appropriated. In the event that the petitioner has theretofore taken
possession of such lands, rights-of-way, or other rights or easements in lands, the
value thereof shall be determined without considering the value of any
improvements that may have been constructed by such corporation and as of the
date when such corporation took possession. The court shall file among its records
its findings in writing and shall give notice to the petitioner that its findings have
been filed. The petitioner shall cause a notice to be published in one or more
newspapers of general circulation in the state of Colorado once a week for two
weeks, setting forth that the findings of the court have been filed and stating the
amount of the compensation fixed by the court. If the owner has appeared in said
proceeding by attorney, a copy of said notice shall be served prior to the last
publication of said notice upon the attorney so appearing.

Legislative History

Source: L. 15: p. 230, � 3. C.L. � 6333. CSA: C. 61, � 23. CRS 53: � 50-3-3. C.R.S. 1963: � 50-3-3.