Colorado § 22-32-102 - Corporate status - when questioned.

§ 22-32-102. Corporate status - when questioned.

Except when the corporate status of a school district has been dissolved as provided by law, each school district which has undisputedly exercised the prerogatives and privileges of a legally formed school district during a period of twelve consecutive months following the first election of its school directors shall be deemed to be a de jure school district, and the corporate status thereof shall not thereafter be questioned.

Source: L. 64: p. 573, § 2. C.R.S. 1963: § 123-30-2.

ANNOTATION

Annotator's note. Since § 22-32-102 is similar to laws antecedent to C.S.A. 1935, relevant cases construing those provisions have been included in the annotations to this section.

The purpose of this section was to limit the right to question, after the lapse of one year, the legality of a school district created either by irregular compliance or noncompliance with the law. Smith v. Joint Sch. Dist. No. 3, 88 Colo. 309, 295 P. 794 (1931).

This section establishes a conclusive presumption of legality. This section establishes a conclusive presumption that a school district, openly and notoriously in the exercise and enjoyment of the franchises, privileges, and prerogatives of a school district for one year, is a legally constituted school district and that its legality cannot be questioned. People ex rel. Mulligan v. Girardot, 70 Colo. 444, 202 P. 111 (1921); Smith v. Joint Sch. Dist. No. 3, 88 Colo. 309, 295 P. 794 (1931).

Where one school district has permitted another school district to exercise the prerogatives and enjoy the privileges of a legally-formed district for a period of one year next succeeding the election of its officers, over the territory in dispute, then, under the provisions of this section, it has lost that portion of its territory. People ex rel. Sch. Dist. No. 5 v. Van Horn, 20 Colo. App. 215, 77 P. 978 (1904).

It is a legitimate statute of limitations. This is a wholesome and a legitimate statute of limitations entirely within the power of the general assembly, and if a school district brings itself within its terms, its organization cannot be questioned. Shaw v. Lockett, 14 Colo. App. 413, 60 P. 363 (1900).

Under this section trespassers and squatters on private property may organize school districts within the boundaries of private ownership and levy taxes at their pleasure for the support and maintenance of schools unless the proper procedure is instituted to restrain them. Shaw v. Lockett, 14 Colo. App. 413, 60 P. 363 (1900).

Statute must be pleaded. When the application of the statute is dependent on matters beyond the record it must not only be pleaded, but the pleader must produce proof of the facts which permit or compel its application. Shaw v. Lockett, 14 Colo. App. 413, 60 P. 363 (1900).