§ 38-6-107 — Assessment of damages - lien - fund

It is the duty of the
commissioners to estimate, fix, and determine the fair and actual cash market value
of all property proposed to be taken for the improvement, without reference to the
projected improvement, and the fair, direct, and actual damage caused on account
of said improvement to other property not taken for the improvement. The
commissioners shall provide for the payment of the total amount of their awards for
land taken and damaged, in all cases where the resolution or ordinance authorizing
the improvement so provides, by assessing against the owners of all real estate
which, in their opinion, will be specially benefited by the proposed improvement the
amounts of said benefit as special assessments, and such commissioners shall
assess the balance required to make said total amount as a general assessment
against the petitioning city or city and county. Such special benefits shall be
assessed against the owners of each lot or parcel of property that is, in the opinion
of said commissioners, specially benefited by said improvement, which said special
benefits shall be a lien on the property so charged, and shall be collected as
provided by the charter or ordinance of said city or city and county, and when so
collected shall be paid into the treasury of said city or city and county as a separate
fund, to be used for the payment of the awards and damages.

Legislative History

Source: L. 11: p. 376, � 7. C.L. � 9082. CSA: C. 163, � 125. CRS 53: � 50-6-7. C.R.S. 1963: � 50-6-7.