Colorado § 38-7.5-103 Vesting of title - procedure

Colorado Statutes

§ 38-7.5-103 — Vesting of title - procedure

Colorado § 38-7.5-103

Title 38Property -

Art.Eminent Domain by

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Bluebook

Colo. Rev. Stat. § 38-7.5-103 (2026).

Text

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

(2)(a) Within seven days of receipt of the notice described in subsection (1) of this section, the petitioner shall deposit the sum of money preliminarily found to constitute just compensation by the commissioners to the court or the clerk of the court for the use of the respondent named in the motion for vesting.

(b)If the petitioner has filed a motion for a new report under section 38-7.5-102 (5) and the motion is denied, the deposit is not due until seven days following the court's ruling on the motion. If the motion is grant

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

(2) (a) Within seven days of receipt of the notice described in subsection (1)
of this section, the petitioner shall deposit the sum of money preliminarily found to
constitute just compensation by the commissioners to the court or the clerk of the
court for the use of the respondent named in the motion for vesting.

(b) If the petitioner has filed a motion for a new report under section 38-7.5-102 (5) and the motion is denied, the deposit is not due until seven days following
the court's ruling on the motion. If the motion is granted by the court, the clerk of
the court shall provide a new notice upon receipt of the new report.

(3) (a) Upon payment to 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 on such date as the court considers proper, and shall fix a date on which the
petitioner is authorized to take possession of and to use the property. A certified
copy of the order must be recorded and indexed in the clerk and 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.

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