Colorado § 31-12-101 - Short title.

§ 31-12-101. Short title.

This part 1 shall be known and may be cited as the "Municipal Annexation Act of 1965".

Source: L. 75: Entire title R&RE, p. 1076, § 1, effective July 1.

Editor's note: This section is similar to former § 31-8-101 as it existed prior to 1975.

Cross references: For the annexation of school districts, see § 22-30-128.

ANNOTATION

Law reviews. For article, "Annexation in Colorado", see 37 Dicta 259 (1960). For article, "Annexation: Today's Gamble for Tomorrow's Gain — Parts I and II", see 17 Colo. Law. 603 and 809 (1988). For article, "Annexation: Municipal Discretion in Approving or Denying the Petition", see 22 Colo. Law. 1929 (1993). For article, "Growth Management: Recent Developments in Municipal Annexation and Master Plans", see 31 Colo. Law. 61 (Mar. 2002).

Annotator's note. Since § 31-12-101 is similar to former § 31-8-101 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, relevant cases construing those provisions have been included in the annotations to this section.

Part 1 of this article is constitutional. Bd. of County Comm'rs v. City & County of Denver, 194 Colo. 252, 571 P.2d 1094 (1977).

This article deals with the subject of annexation of territory. City of Englewood v. Daily, 158 Colo. 356, 407 P.2d 325 (1965).

Annexation is a special statutory proceeding and § 1 of art. XX, Colo. Const., requires compliance with such procedures by the city and county of Denver. People ex rel. City & County of Denver v. County Court, 137 Colo. 436, 326 P.2d 372 (1958).

Detaches territory from county. The provisions of this article make it clear that any annexation under any of the general laws of this state operates per se as a detachment of the annexed territory from the county in which it lies. People ex rel. Simon v. Anderson, 112 Colo. 558, 151 P.2d 972 (1944).

And becomes part of city. If land has been lawfully annexed it would ipso facto become a part of the city annexing for all authorized purposes. People ex rel. City & County of Denver v. County Court, 137 Colo. 436, 326 P.2d 372 (1958).

Present annexation law applicable. After Denver was organized under the twentieth article of the constitution and became a charter city, its authority to annex territory had to be determined under the present applicable law rather than that under which it was originally organized. People ex rel. Simon v. Anderson, 112 Colo. 558, 151 P.2d 972 (1944).

Election code applicable. It is the legislative intent that the term "special municipal elections" as contained in the municipal election code, extends to annexation elections. City of Aspen v. Howell, 170 Colo. 82, 459 P.2d 764 (1969).

Part 1 is silent on power of municipality to repeal annexation ordinance. McKee v. City of Louisville, 200 Colo. 525, 616 P.2d 969 (1980).

Preannexation agreements not prohibited. There is no language in this article which prohibits a preannexation agreement which requests a certain zoning classification. Geralnes B.V. v. City of Greenwood Vill., 583 F. Supp. 830 (D. Colo. 1984).

Annexation authority under this article does not extend to Denver. Bd. of County Comm'rs v. Denver, 714 P.2d 1352 (Colo. App. 1986).

Act contemplates annexation agreements as a routine step in the annexation process. Although annexation agreement is not required for a valid annexation, where parties had contemplated execution of an annexation agreement throughout the process, adoption of annexation resolution without having an agreement in place was an abuse of discretion. Midcities Co. v. Town of Superior, 916 P.2d 595 (Colo. App. 1995), aff'd, 933 P.2d 596 (Colo. 1997).