Colorado § 38-6-113 Jury trial - motion for new trial - appellate proceedings

Colorado Statutes

§ 38-6-113 — Jury trial - motion for new trial - appellate proceedings

Colorado·Title 38 Property -·Art. Proceedings by Cities and Towns

(1)At the time fixed for the hearing of the commissioners' report or at any time prior thereto but not after said time, any defendant who owns or is interested in any property actually taken, appropriated, or damaged on account of the proposed improvement and who is dissatisfied with the amount awarded to him by said commissioners may file his demand, in writing, for a trial by a jury of either six or twelve freeholders to appraise and assess the damages which said defendant or person may sustain by reason of the appropriation and condemnation of, or damage to, his property. Any person so demanding a jury, at the time of said demand, shall deposit with the clerk the jury fees for one day's services according to the rate allowed jurors in the district court. The court shall fix a

Free access — add to your briefcase to read the full text and ask questions with AI

(1) At the
time fixed for the hearing of the commissioners' report or at any time prior thereto
but not after said time, any defendant who owns or is interested in any property
actually taken, appropriated, or damaged on account of the proposed improvement
and who is dissatisfied with the amount awarded to him by said commissioners may
file his demand, in writing, for a trial by a jury of either six or twelve freeholders to
appraise and assess the damages which said defendant or person may sustain by
reason of the appropriation and condemnation of, or damage to, his property. Any
person so demanding a jury, at the time of said demand, shall deposit with the clerk
the jury fees for one day's services according to the rate allowed jurors in the
district court. The court shall fix an early date for said trial, and on such date the
defendants who have made written demands for jury trial within the time provided
shall proceed to submit their claims to the jury. Such jury shall be drawn as in civil
actions; except that the jurors shall have the qualifications provided in this section.

(2) The court shall proceed in the same manner and with like powers as in
other cases, except as otherwise provided in this part 1. At the request of any party
to the proceedings, the court shall order that the jury go upon the premises sought
to be taken or damaged, in charge of a sworn bailiff and in the company of any
other person that the court may order, and examine the premises in person. At the
conclusion of the evidence, the matters in controversy may be argued by counsel to
the jury, and at the conclusion of the arguments the court shall instruct the jury in
writing. The jury shall return a special verdict fixing and determining the damages
or compensation to be allowed to each defendant, severally, who has demanded a
jury trial, which verdict shall include both the fair, actual cash market value of the
land actually taken for the improvement and the direct, fair, and actual damage, if
any, caused on account of said improvement to property not taken for the
improvement. Any party to the proceeding may move for a new trial in the same
manner as in actions at law. The refusal of said court to grant the same may be
excepted to and assigned for appeal, but no appeal shall be permitted to stay the
improvement sought by the proceeding.

Colorado § 38-6-113 (Jury trial - motion for new trial - appellate proceedings) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 11: p. 378, � 13. C.L. � 9088. CSA: C. 163, � 131. CRS 53: � 50-6-13. C.R.S. 1963: � 50-6-13. L. 76: (2) amended, p. 313, � 64, effective May 20.