Colorado § 38-6-211 Jury trial - motion for new trial - appellate proceedings

Colorado Statutes

§ 38-6-211 — Jury trial - motion for new trial - appellate proceedings

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

(1)At any time prior to the date fixed for the hearing of the petition provided for in section 38-6-205, any defendant who owns or is interested in any property to be taken, appropriated, or damaged on account of the proposed improvement 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 j

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(1) At any
time prior to the date fixed for the hearing of the petition provided for in section 38-6-205, any defendant who owns or is interested in any property to be taken,
appropriated, or damaged on account of the proposed improvement 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 2. 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 the fair, actual cash market value of the land
actually 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.

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