Colo. Rev. Stat. § 38-7.5-103

Current through 11/5/2024 election
Section 38-7.5-103 - Vesting of title - procedure
(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.

C.R.S. § 38-7.5-103

Added by 2024 Ch. 387,§ 2, eff. 8/7/2024.
2024 Ch. 387, was passed without a safety clause. See Colo. Const. art. V, § 1(3).