Colorado § 24-70-105 - Proof of publication.

Full text of Colorado Colorado Revised Statutes § 24-70-105 — Proof of publication., with citation guidance and answers to common questions.

§ 24-70-105. Proof of publication.

Proof of the publication of any such legal notice or advertisement may be made by the affidavit of the printer, editor, publisher, or proprietor of the newspaper in which the publication is made or by any other competent person who has personal knowledge of the essential facts, which affidavit, in addition to the other matters required by law to be set forth therein, shall state that such notice or advertisement was published in a newspaper duly qualified for that purpose.

Source: L. 21: p. 572, § 6. C.L. § 5397. L. 23: p. 406, § 6. CSA: C. 130, § 5. CRS 53: § 109-1-5. C.R.S. 1963: § 109-1-5.

ANNOTATION

Affidavit of publication of notice of tax sale to conform to statutory requirements. The affidavit of the publication of the notice of a tax sale, required of the publisher by § 39-11-104, must contain not only what is specified in that section, but also the statement required by this section. A tax deed issued pursuant to a sale, the notice of the publication of which is not shown in the manner required by statute, is void. Gilbreath v. Doe, 24 Colo. App. 205, 132 P. 1146 (1913).

Deeds issued on treasurer's own volition are void. Where the publisher's affidavit showing publication of a delinquent tax list and notice of sale does not meet the requirements of this section, deeds to the county issued thereon by the treasurer on his own volition without request from the county commissioners are void. Concord Corp. v. Huff, 144 Colo. 72, 355 P.2d 73 (1960).

Insufficient proof of publication may be corrected. Where an affidavit does not show that the affiant is either a printer, editor, publisher, or proprietor of a newspaper, or that he is competent to state the essential facts, as required by this section, nor does it state that the notice or advertisement was published in a qualified newspaper, the insufficiency of this proof of publication may be corrected by the filing of an amended affidavit, because, like other matters of record, it may always be corrected to speak the truth. Wilson v. Carroll, 80 Colo. 234, 250 P. 555 (1926).

Source: official Colorado text · Last verified 2026-08-27

Frequently Asked Questions About Colorado § 24-70-105

What does Colorado Revised Statutes § 24-70-105 cover?

Section 24-70-105 ("Proof of publication.") 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 § 24-70-105?

A common citation format is "Colorado Revised Statutes § 24-70-105" (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 § 24-70-105 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.