§ 43-2-112 — Condemnation for county roads

(1) The board of county
commissioners on its own initiative may lay out, widen, alter, or change any county
road, and the board of county commissioners shall cause the county road
supervisor of the respective county to survey the proposed road and make a written
report to the board of county commissioners of the county, describing the proposed
road to be laid out, opened, or changed, as the case may be, and the portions of land
of each landowner to be taken for that purpose, said report to be accompanied by a
map showing the present and proposed boundaries of the portion of the county
road to be established, opened, or changed, together with an estimate of the
damages and benefits accruing to each landowner whose land may be affected
thereby. If, upon receipt of such report, the board of county commissioners decides
that public interest or convenience will be subserved by the proposed change, said
board shall certify such proposal to the transportation commission and cause a plat
to be filed in the office of the county clerk and recorder in a book kept for that
purpose.

(2) The board of county commissioners shall tender to each landowner the
amount of damages as estimated and approved by the board, and the board may
designate any person to act as its agent in making such tender. In estimating the
amount of damages to be tendered, due account shall be taken of any benefits
which will accrue to the landowner by the proposed action; but the amount of
benefit shall not in any case exceed the amount of damages awarded. Any person
owning land or having interest in land over which any proposed county road
extends, who is of the opinion that such tender is inadequate, may personally, or by
agent or attorney, on or before ten days from the date of such tender, file a written
request addressed to the board of county commissioners of said county for a jury to
ascertain the compensation which he may be entitled to by reason of damages
sustained therefrom. Thereupon, the board of county commissioners shall proceed
in the acquisition of such premises under articles 1 to 7 of title 38, C.R.S. The board
of county commissioners also has the power and is authorized to proceed in the
acquisition of lands of private persons for county roads, under and according to
articles 1 to 7 of title 38, C.R.S., in the first instance without tender or other
proceedings under this part 1.

Legislative History

Source: L. 53: p. 516, � 12. CRS 53: � 120-13-12. C.R.S. 1963: � 120-13-12. L. 91: (1) amended, p. 1100, � 135, effective July 1.