Colorado § 36-1-121 - Trespass - penalty - bond.

§ 36-1-121. Trespass - penalty - bond.

(1) Any corporation, company, or person using or occupying any state or school lands without lease, and any corporation, company, or person who shall use or occupy state or school lands for more than thirty days after the cancellation or expiration of a lease, and any corporation, company, or person who constructs a reservoir, ditch, railroad, public highway, telegraph or telephone line, or in any manner occupies or enters upon lands belonging to the state, without first having secured the authority and permission of the state board of land commissioners to so occupy the land for such purpose, shall be regarded as a trespasser and commits a civil infraction.

(2) In each case, where a bond has been furnished to the state board of land commissioners, the surety of the lessee shall be equally liable with the lessee, and, in addition to the foregoing penalty, the state shall be allowed to collect as rental for the use of such lands a sum equal to the appraised value thereof for rental purposes, as fixed by the state board of land commissioners. All suits under the provisions of this article shall be instituted under the direction of the attorney general, in the name of the people of the state of Colorado.

Source: L. 19: p. 644, § 13. C.L. § 1166. CSA: C. 134, § 65. CRS 53: § 112-3-21. C.R.S. 1963: § 112-3-21. L. 97: (2) amended, p. 841, § 17, effective May 21. L. 2021: (1) amended, (SB 21-271), ch. 462, p. 3289, § 669, effective March 1, 2022.

ANNOTATION

This section does not exempt the state board of land commissioners from compliance with those provisions of the law governing the rights of all other landlords to dispossess a tenant from the occupancy of real property. Harrah v. People ex rel. Attorney Gen., 125 Colo. 420, 243 P.2d 1035 (1952).

Section strictly construed. Under this section a heavy penalty may be imposed for violation of its provisions, and the section being penal must be strictly construed. Harrah v. People ex rel. Attorney Gen., 125 Colo. 420, 243 P.2d 1035 (1952).

The penalty imposed for the offense by this section cannot be made the measure of damages to be collected by the people in a civil action. Harrah v. People ex rel. Attorney Gen., 125 Colo. 420, 243 P.2d 1035 (1952).

There is no language in this section authorizing or permitting the entry of a judgment for possession of land in an action based upon the section. Harrah v. People ex rel. Attorney Gen., 125 Colo. 420, 243 P.2d 1035 (1952).