§ 39-12-101 — Limitation of actions for recovery of land

No action for the
recovery of land for which a tax deed was issued under the provisions of article 11 of
this title for delinquent taxes shall lie unless the same is brought within five years
after the execution and delivery of the deed therefor by the treasurer, any laws to
the contrary notwithstanding; except that, when any owner of such land, for which a
tax deed has been issued, at the time of the execution and delivery of the deed by
the treasurer is under legal disability, it shall be lawful for him to bring a suit or
action for the recovery of the land within the period during which he has the right to
make redemption of such land from the tax sale upon which the deed is based.
When a recovery of any of such land is effected in any suit, action, or proceeding,
the value of all improvements made in good faith on such lands, and all sums paid
for the tax lien on said land and for improvements, and all costs incident to the
issuance and recording of the treasurer's deed, and all taxes and assessments paid
thereon after the sale of the tax lien thereof, including the redemption value of all
tax sale certificates redeemed, held, or surrendered for redemption by the grantee
in such treasurer's deed or his heirs or assigns, shall be ascertained by the court or
jury trying the action for recovery and shall be paid, together with interest thereon
at the rate of twelve percent per annum, by the person recovering said land to the
persons entitled thereto, and the payment of such sum shall be a condition
precedent to the entry of judgment or decree in such suit, action, or proceeding. All
such treasurer's deeds executed by the treasurer purporting to convey lands and
improvements thereon for all purposes shall be deemed to be color of title from and
after the time the same is recorded in the office of the county clerk and recorder for
the county in which said lands are located. The term improvements includes sums
and amounts of money expended thereon in good faith by the grantee and his
successors and assigns in search of minerals and oil, as well as other expenditures
for the improvements of such lands which add to the cost and value thereof.

Legislative History

Source: L. 64: R&RE, p. 743, � 1. C.R.S. 1963: � 137-12-1. L. 85: Entire section amended, p. 1247, � 33, effective July 1.