Colorado § 38-3-101 - Condemning public land - petition.
Full text of Colorado Colorado Revised Statutes § 38-3-101 — Condemning public land - petition., with citation guidance and answers to common questions.
§ 38-3-101. Condemning public land - petition.
Whenever any corporation authorized to appropriate for a public use by the exercise of the right of eminent domain lands, rights-of-way, or other rights or easements in lands requires, needs, or desires to appropriate lands, rights-of-way, or other rights or easements in lands which belong to the United States, the state of Colorado, or any other state or sovereignty, such corporation, for the purpose of having such lands, rights-of-way, or other rights or easements appropriated to such use and for determining the compensation to be paid to such owner therefor, may present a petition to the district court in each of the counties in which such lands, or any part thereof, are located, describing the desired property, giving the name of the owner thereof, and stating by whom and for what purpose it is proposed to be appropriated and that it is needed and required by the petitioner for the public use to which it is proposed to devote the same, and praying that such court appropriate such property to its use and determine the compensation to be paid to the owner therefor.
Source: L. 15: p. 229, § 1. C.L. § 6331. CSA: C. 61, § 21. CRS 53: § 50-3-1. C.R.S. 1963: § 50-3-1. L. 64: p. 266, § 167.
ANNOTATION
Law reviews. For article, "Eminent Domain in Colorado", see 29 Dicta 313 (1952).
This section does not grant any authority to corporations that have power of eminent domain to condemn state lands but merely establishes the procedures by which to do so. Town and water and sanitation district were not authorized to condemn state-owned property to determine feasibility of recreation and water storage project. Town of Parker v. Colo. Div. of Parks, 860 P.2d 584 (Colo. App. 1993).
Applied in Denver & R.G.R.R. v. Wilson, 28 Colo. 6, 62 P. 843 (1900) (decided prior to section's earliest source, L. 15, p. 229, § 1).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-3-101
What does Colorado Revised Statutes § 38-3-101 cover?
Section 38-3-101 ("Condemning public land - petition.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 38-3-101?
A common citation format is "Colorado Revised Statutes § 38-3-101" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 38-3-101 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.