Colorado § 31-3-201 - Procedure for determination of abandonment.

§ 31-3-201. Procedure for determination of abandonment.

(1) A town may be determined to be abandoned:

(a) When any town has failed, for a period of five years or longer immediately prior to the filing of the application under this section, to hold any regular or special election or to elect officers and to maintain any town government; or

(b) When any town does not have a board of trustees or town clerk, is unable to hold an election, and owns or operates water infrastructure critical for the treatment or delivery of water to residents. If a town is abandoned pursuant to this subsection (1)(b):

(I) The county is not liable for the debt or other obligations or other requirements of the town related to the water system; and

(II) Upon abandonment of the town, the county shall transfer all real and personal property comprising the water system from the county to an entity that has the primary purpose of water treatment or delivery, unless otherwise determined by the county.

(2) The procedure to determine that a town is abandoned is as follows:

(a) The county attorney of the county in which the town is located, any owner of land in the town, or any registered elector of the town may make application to the secretary of state to determine that the town is abandoned.

(b) The secretary of state shall forthwith cause notice of the filing of such application to be published on the secretary of state's website and in at least two conspicuous locations within the town. The notice shall specify the date, time, and place where the application will be heard, which date shall be not less than twenty days after the date of such publication.

(c) The secretary of state shall hear the application and, after receiving evidence thereon, shall determine whether or not the town has been abandoned. If the secretary determines that the town is abandoned, the secretary shall file a copy of the determination with the county clerk and recorder of the county in which the town was located. Thereupon, the town shall cease to exist.

(d) The books, documents, records, papers, and corporate seal of any town abandoned pursuant to this section shall be deposited with the county clerk and recorder of the county within which the town or any part thereof is located, for safekeeping and reference in the future.

Source: L. 75: Entire title R&RE, p. 1022, § 1, effective July 1. L. 2026: Entire section amended, (SB 26-157), ch. 147, p. 824, § 1, effective May 26.

Editor's note: This section is similar to former § 31-9-201 as it existed prior to 1975.

ANNOTATION

Annotator's note. Since § 31-3-201 is similar to former § 31-9-201 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, a relevant case construing a prior provision has been included in the annotations to this section.

No election is provided whereby the electorate, by vote, can determine whether a town and its government has ceased to exist. Evans v. District Court, 182 Colo. 93, 511 P.2d 471 (1973).