Colorado § 38-1-108 - Order of possession.

§ 38-1-108. Order of possession.

The court, upon such verdict, shall proceed to adjudge and make such order as to right and justice shall pertain, ordering that the petitioner enter upon such property and the use of the same, upon payment of full compensation as ascertained. Such order with evidence of such payment shall constitute complete justification of the taking of such property.

Source: G.L. § 1068. G.S. C. § 247. R.S. 08: § 2425. C.L. § 6321. CSA: C. 61, § 11. CRS 53: § 50-1-11. C.R.S. 1963: § 50-1-11.

ANNOTATION

Judgment construed. A judgment is the sentence of the law pronounced by a court of competent jurisdiction as the result of proceedings instituted, and it is a judicial act; to be valid it must be pronounced by the court at a time and place appointed by law, and in the form the court requires. City of Aurora v. Powell, 153 Colo. 4, 383 P.2d 798 (1963).

Jury's findings do not constitute judgment. The findings of a jury as to compensation in a condemnation proceeding do not constitute a judgment, the verdict not being a judicial determination but a finding of fact which the court may accept, reject, or utilize in formulating a judgment. City of Aurora v. Powell, 153 Colo. 4, 383 P.2d 798 (1963).

Findings of court do not constitute judgment, and a statement that a judgment was rendered cannot supply the place of the judgment itself. City of Aurora v. Powell, 153 Colo. 4, 383 P.2d 798 (1963).

Verdict itself is not judicial determination of fact, and it is without virtue until judgment has been rendered upon it. City of Aurora v. Powell, 153 Colo. 4, 383 P.2d 798 (1963).

Property disposition in trial court's discretion. The trial court has a discretion in determining whether immediate possession of property shall be given to the condemnor in eminent domain proceedings. Vivian v. Bd. of Trustees, 152 Colo. 556, 383 P.2d 801 (1963).

Order for temporary possession is interlocutory. Town of Glendale v. City & County of Denver, 137 Colo. 188, 322 P.2d 1053 (1958).

Review must be by original proceedings. Because an order for temporary possession in a condemnation proceeding is interlocutory, any review must be by an original proceeding. Larson v. Chase Pipe Line Co., 183 Colo. 76, 514 P.2d 1316 (1973).

Relief from interlocutory order by certiorari. The proper proceeding for relief from an interlocutory order in eminent domain actions is by certiorari when directed to an endangered fundamentally substantive and substantial right. Town of Glendale v. City & County of Denver, 137 Colo. 188, 322 P.2d 1053 (1958).

Writ of error is improper procedure to review an interlocutory order of a district court granting immediate possession in eminent domain. Town of Glendale v. City & County of Denver, 137 Colo. 188, 322 P.2d 1053 (1958).