§ 38-6-207 — Duty of commissioners, determination of necessity

Colorado § 38-6-207

• Jurisdiction: Colorado
• Title 38: Property -
• Art.: Proceedings by Cities and Towns

Text

(1) In any
case initiated for the acquisition of water rights pursuant to this part 2, it is the duty
of the commissioners to:

(a) Examine and assess the growth development plan and statement
provided by the municipality, from the proposed condemnation, required in section
38-6-203, and obtain necessary information pursuant to powers granted in section
38-6-208, and make a determination as to the necessity of exercising the power of
eminent domain for the proposed purposes;

(b) Provide one of the following recommendations to the court, based upon
their findings:

(I) There exists no need and necessity for condemnation as proposed.

(II) There exists a need and necessity for condemnation as proposed.

(III) There exists a need and necessity for condemnation, but it is premature.

(2) In making a recommendation, as provided in subsection (1)(b)(II) of this
section, the commissioners may recommend an alternate source of water supply.

(3) The commissioners shall hear the proofs and allegations of the parties
and, after viewing the premises, certify the proper compensation to be made to said
owner or parties interested for the water or other property to be taken or affected,
as well as all damages accruing to the owner or parties interested in consequences
of the condemnation of the same.

(4) If the commissioners find there exists no need and necessity for the
condemnation proposed, they shall make no finding as to the value of the
condemned property.

Legislative History

Source: L. 75: Entire part added, p. 1410, � 1, effective July 1.