Colorado § 24-70-107 - Rates for legal publications.

§ 24-70-107. Rates for legal publications.

(1) (a) On or after January 1, 1993, for all publicly supported legal notices or advertisements published in newspapers, the rate paid for the first insertion of such notice shall not exceed forty-four cents for each single-column line of six-point type and shall not exceed thirty-two cents per line for each subsequent insertion. If the notice is set in larger type, the rate shall be prorated. Regardless of the size of type the notice is set in, the rates specified in this paragraph (a) are based on a single column measuring ten pica ems wide. If the column width is either wider or narrower for a single column, the rate per line shall be prorated on the ten pica em width.

(b) All emblems, display headings, rule work, and necessary blank space shall be considered to be solid type. For the purpose of calculating the charge for the items enumerated in this paragraph (b) only, the rate shall not exceed the line rate charge figured at twelve lines per inch for each column inch or a proportional amount for fractions of an inch.

(2) (a) On or after January 1, 1993, for all privately supported legal notices or advertisements, the rate paid shall not exceed the newspaper's local classified display line rate which is offered to commercial customers and shall include the same frequency and volume discounts. The legal publication rate shall be published in the newspaper's rate card.

(b) Notwithstanding any statute to the contrary, if any local government fee set by statute is too low to permit the local government to recover the full cost of publishing a privately supported legal notice or advertisement, the local government may adjust the fee by the actual dollar amount necessary to recover the full cost of the publication.

(3) Any contract providing for payment of a notice at a lesser sum than is provided in this section shall be valid.

(4) Upon request by the party placing a legal publication, the newspaper shall minimize the space required for publication of a valid and readable notice, but in no case shall the type be less than six points.

Source: L. 21: p. 576, § 9. C.L. § 5400. L. 35: p. 688, § 2. CSA: C. 130, § 7. L. 45: p. 514, § 1. L. 52: p. 133, § 1. CRS 53: § 109-1-7. L. 63: p. 738, § 1. C.R.S. 1963: § 109-1-7. L. 71: p. 1072, § 1. L. 77: Entire section R&RE, p. 1242, § 1, effective January 1, 1978. L. 84: (1) and (2) R&RE, p. 730, § 1, effective January 1, 1985. L. 92: Entire section R&RE, p. 1052, § 2, effective January 1, 1993.

ANNOTATION

Section held inapplicable to publication of list of nominations under 1891 election law. Bd. of Comm'rs v. Price, 10 Colo. App. 519, 51 P. 1011 (1898).

Publication shall be obtained at a reasonable cost to the people, and any flagrant departure from that construction is in violation of a sound public policy. Oliver v. Wilder, 27 Colo. App. 337, 149 P. 275 (1915).

Compensation must be upon prescribed basis. Whatever may be the size of type, or length of line used, the compensation must be upon the prescribed basis. Bd. of Comm'rs v. Advocate Publ'g Co., 64 Colo. 578, 173 P. 398 (1918).

This section permits county, by contract, to stipulate for a lesser price. Bd. of County Comm'rs v. Frederick, 50 Colo. 464, 115 P. 514 (1911).

An agreement stipulating maximum rate, without attempting to secure lesser rate, voids contract. Oliver v. Wilder, 27 Colo. App. 337, 149 P. 275 (1915).

Full price withheld where matter suppressed after first publication. A publisher is not entitled to the full price where certain names and descriptions are suppressed after the first publication. Bd. of Comm'rs v. Advocate Publ'g Co., 64 Colo. 578, 173 P. 398 (1918).

Legal advertisement measured by lines, not rules. The measurement of a legal advertisement, whether published under a special contract or otherwise, must be by lines, and not by rule. Bd. of County Comm'rs v. Frederick, 50 Colo. 464, 115 P. 514 (1911).

Blank spaces in display headings are payable as if in solid type. Bd. of Comm'rs v. Advocate Publ'g Co., 64 Colo. 578, 173 P. 398 (1918); Bd. of County Comm'rs v. Frederick, 50 Colo. 464, 115 P. 514 (1911).

County cannot be charged with order for more than required number of publications. As but four publications of a delinquent tax list were allowed by statute, the county treasurer's order for a greater number is without effect to charge the county. Bd. of Comm'rs v. Advocate Publ'g Co., 64 Colo. 578, 173 P. 398 (1918).

Applied in Russell v. Courier Printing & Publ'g Co., 43 Colo. 321, 95 P. 936 (1908).