Colorado § 31-12-703 - Petition - contents.

§ 31-12-703. Petition - contents.

(1) The petition must contain the following:

(a) An allegation that such tracts of land contain in the aggregate an area of twenty or more acres of agricultural or farm land upon or adjacent to the border of said town;

(b) An allegation that the petitioners are the owners thereof;

(c) The description of the land;

(d) An allegation that no part of such area has been platted into lots or blocks as a part of or an addition to said town or, if so platted, that such plat has been vacated within a period of three years after the area was included within the boundaries of the town. The time limit provided in this paragraph (d) shall not apply to lands within towns that were incorporated prior to January 1, 1930.

(e) An allegation that all taxes or assessments lawfully due and payable upon said land up to the time of the presentation of said petition are fully paid;

(f) A representation that, for a period of six years after the effective date of disconnection, said tracts will not be subdivided into lots or plots of smaller area than is required during said period for lots within said town adjoining said tracts under the applicable ordinances or regulations of the town from which disconnection is sought and will not be used during said period for industrial or commercial use if during said period the applicable ordinances of the town from which disconnection is sought prohibits such use in the area within said town adjoining such tracts; and

(g) An allegation that the tracts of land are not located within the boundaries of an urban renewal area described in an urban renewal plan approved pursuant to part 1 of article 25 of this title 31 or a special district that, by its service plan or pursuant to an intergovernmental agreement, is or will be expected to provide service to the tract of land.

(2) Any decree of disconnection entered pursuant to this part 7 shall restrict the use of the land in the manner set forth in paragraph (f) of subsection (1) of this section, but such restrictions shall not continue to apply to any land which, within six years after the effective date of the disconnection, is annexed back into the town.

Source: L. 75: Entire title R&RE, p. 1103, § 1, effective July 1. L. 2026: IP(1) and (1)(f) amended and (1)(g) added, (HB 26-1253), ch. 100, p. 399, § 6, effective August 12.

Editor's note: (1) This section is similar to former § 31-8-503 as it existed prior to 1975.

(2) Section 8(2) of chapter 100 (HB 26-1253), Session Laws of Colorado 2026, provides that the act changing this section applies to applications for disconnection from a municipality and petitions for disconnection from a city or town commenced on or after August 12, 2026.

ANNOTATION

Law reviews. For article, "One Year Review of Property Law", see 38 Dicta 192 (1961).

Annotator's note. Since § 31-12-703 is similar to former § 31-8-503 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, relevant cases construing a prior provision have been included in the annotations to this section.

Only territory not platted eligible. Territory may be disconnected from a town under this section only when no part of the area sought to be disconnected has been platted into lots and blocks as a part of or addition to the town. Weaver v. Town of Littleton, 95 Colo. 577, 38 P.2d 774 (1934).

Land is platted into lots or blocks when said land is divided into tracts which are surrounded and intersected by streets which have been declared dedicated to the public. Town of Cherry Hills Vill. v. Shafroth, 141 Colo. 572, 349 P.2d 368 (1960).

Proof, not allegation, of contiguity required. Town's answer in proceeding for disconnection of agricultural lands that there was no allegation of contiguity of lands in petition was groundless since statutes do not require such an allegation but only proof of contiguity. Sheridan v. Nesbitt, 123 Colo. 121, 227 P.2d 1000 (1950).