§ 38-7-103 — Vesting of title - procedure

Colorado § 38-7-103

• Jurisdiction: Colorado
• Title 38: Property -
• Art.: Eminent Domain by

Text

(1) When the certified report of the
commissioners is filed with the clerk of the court, the said clerk shall forthwith
notify all parties named in the motion for vesting of the filing of the said report and
of the amount preliminarily found to constitute just compensation.

(2) Within seven days of receipt of the notice described in subsection (1) of
this section, the petitioner shall deposit with the court or the clerk of the court, for
the use of the respondent named in the motion for vesting, the sum of money
preliminarily found to constitute just compensation by the commissioners. If the
petitioner has filed a motion for a new report under section 38-7-102 (5), the
deposit shall not be due until seven days following the court's ruling on the said
motion, if the motion is denied. If the motion is granted by the court, a new notice
shall be sent by the clerk upon receipt of the new report.

(3) Upon payment into the court or the clerk of the court of the sum
described in subsection (2) of this section by the petitioner, the court shall enter an
order vesting in the petitioner the fee simple title, or such lesser estate, interest, or
easement, as may be required, to the property as requested in the motion for
vesting at such date as the court considers proper, and fixing a date on which the
petitioner is authorized to take possession of and to use the property. A certified
copy of said order shall be recorded and indexed in the recorder's office of the
county in which the property is located in like manner and with like effect as if it
were a deed of conveyance from the owners and parties interested to the proper
parties. If there is more than one person interested as owner or otherwise in the
property and they are unable to agree upon the nature, extent, or value of their
respective interests in the total amount of compensation so ascertained and
assessed on an undivided basis, the nature, extent, or value of said interests shall
be determined according to law in a separate and subsequent proceeding and
distribution made among the several claimants.

(4) At the request of any affected party and upon his showing of undue
hardship or other good cause, the petitioner's authority to take possession of the
property shall be postponed for more than fourteen days after the date of such
vesting of title or more than twenty-one days after the entry of such order when the
order does not vest title in the petitioner. If postponement occurs, such party shall
pay to the petitioner a reasonable rental for such property, the amount thereof to
be determined by the court.

Legislative History

Source: L. 69: p. 359, � 1. C.R.S. 1963: � 50-7-3. L. 2014: (2) and (4) amended, (HB 14-1347), ch. 208, p. 769, � 5, effective July 1.