§ 38-6-105 — Answer - hearing - commissioners

Any defendant has the right
to appear in the proceeding and file an answer, in writing, with the clerk of the
court, at any time prior to the date fixed for the hearing of the petition but not
thereafter, in which answer said defendant shall set forth such legal objections as
he may have to the condemnation or appropriation of any property owned by him or
to the prosecution of said proceeding. At the time set for the hearing of said
petition or such time to which the hearing may have been continued by the court,
the court shall proceed to hear any objections raised by the answer, if any there be.
The court has no power to inquire into the necessity of exercising the power of
eminent domain for the purpose proposed, nor into the necessity of making the
proposed improvement, nor into the necessity of taking the particular property
described in the petition. If the court finds that the petitioner has the right to
prosecute said proceeding and such objections as may have been filed are
overruled, the court shall appoint three disinterested commissioners in
condemnation, freeholders of real estate in said city or city and county and
residents thereof, who shall have the powers and duties provided in this part 1. No
person shall be disqualified to act as a commissioner by reason of the fact that he
may own either the fee or other interest in or to property that might be assessed a
special benefit on account of the proposed improvement.

Legislative History

Source: L. 11: p. 375, � 5. C.L. � 9080. CSA: C. 163, � 123. CRS 53: � 50-6-5. C.R.S. 1963: � 50-6-5. L. 76: Entire section amended, p. 312, � 62, effective May 20.