Colorado § 38-5-106 Possession pending action

Colorado Statutes

§ 38-5-106 — Possession pending action

Colorado § 38-5-106

Title 38Property -

Art.Rights-of-way: Transmission Companies

This text of Colorado § 38-5-106 (Possession pending action) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 38-5-106 (2026).

Text

At any time after jurisdiction has
been obtained pursuant to section 38-1-103, the petitioner, upon notice to the
respondent pursuant to the Colorado rules of civil procedure, may move for an
order for immediate possession. Upon such motion and after hearing, the court, by
rule in that behalf made, may authorize the petitioner, upon payment into court or to
the clerk thereof of the amount determined by the court as probably sufficient to
pay the sum that may ultimately be awarded as compensation and damages for the
taking, if not in possession to take possession of such right-of-way, and if already in
possession to maintain and keep such possession, and in all cases to use and enjoy
such right-of-way during the pendency and until the final conclusion of such
proceedings, and the 

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At any time after jurisdiction has
been obtained pursuant to section 38-1-103, the petitioner, upon notice to the
respondent pursuant to the Colorado rules of civil procedure, may move for an
order for immediate possession. Upon such motion and after hearing, the court, by
rule in that behalf made, may authorize the petitioner, upon payment into court or to
the clerk thereof of the amount determined by the court as probably sufficient to
pay the sum that may ultimately be awarded as compensation and damages for the
taking, if not in possession to take possession of such right-of-way, and if already in
possession to maintain and keep such possession, and in all cases to use and enjoy
such right-of-way during the pendency and until the final conclusion of such
proceedings, and the court may stay all actions and proceedings against such
petitioner on account thereof. Withdrawal from the sum so deposited may be had as
provided in section 38-1-105 (6)(b). At such hearing for immediate possession, the
court shall hear and dispose of all objections that are raised at that time concerning
the motion for immediate possession, the legal sufficiency of the petition, or the
regularity of the proceedings in any other respect.

Legislative History

Source: L. 07: p. 386, � 6. R.S. 08: � 2456. C.L. � 6357. CSA: C. 61, � 47. CRS 53: � 50-5-6. C.R.S. 1963: � 50-5-6. L. 75: Entire section amended, p. 1406, � 2, effective July 18.