Colorado § 38-1-103 - Summons - return - publication.

§ 38-1-103. Summons - return - publication.

(1) A summons shall be issued and served and proof of service shall be made in accordance with the Colorado rules of civil procedure. The contents of such summons shall be in conformity with said rules; except that it shall notify the respondent or defendant that, upon failure to appear and defend, the court, without further notice, shall cause the compensation to be determined and title vested in the petitioner according to law. When it appears that the owners of the property sought to be condemned cannot be personally served as provided by the Colorado rules of civil procedure, an affidavit shall be filed in said cause by the petitioner or his attorney, setting forth that the person making such affidavit has made diligent inquiry and has been unable to learn the whereabouts of such owners.

(2) The court shall then order a notice to be published in some newspaper published in said county, addressed to such owners, in which notice shall be stated the name of the petitioner, a full and accurate description of the property sought to be taken or condemned, the purpose for which such condemnation is asked, the time and place at which such owners are required to appear, and the title of the court or name of the judge before whom said application is to be heard. The court shall also fix and determine when said notice shall be made returnable, but in no case shall it be made returnable in less than thirty days. The same shall be published at least four times in some weekly newspaper before the return day thereof. If there is no weekly newspaper published in the county in which such proceedings are had, the court shall direct that said notice be published in some newspaper, named by him, published in the nearest convenient place to such county.

Source: G.L. § 1061. L. 1879: p. 58, § 1. G.S. C. § 240. R.S. 08: § 2418. C.L. § 6314. CSA: C. 61, § 4. CRS 53: § 50-1-4. L. 55: p. 369, § 2. L. 61: p. 370, § 2. C.R.S. 1963: § 50-1-4.

Cross references: For publication of legal notices, see part 1 of article 70 of title 24; for contents of a summons, see C.R.C.P. 4(c); for personal service in state, see C.R.C.P. 4(e); for manner of proof of service, see C.R.C.P. 4(h).

ANNOTATION

Failure to answer summons waives all issues except compensation. Where the summons is returnable at a certain day and hour, no answer being interposed at the hour appointed, the court can proceed at once to the appointment of commissioners to ascertain the compensation to be made because failing to answer at the time specified is a waiver of all questions as to the necessity for the taking and the attempt to agree. Kaschke v. Camfield, 46 Colo. 60, 102 P. 1061 (1909); Williams v. Bd. of Comm'rs, 48 Colo. 541, 111 P. 71 (1910).

Applied in Sand Creek Lateral Irrigation Co. v. Davis, 17 Colo. 326, 29 P. 742 (1892); Colo. Midland Ry. v. Ruedi, 2 Colo. App. 202, 29 P. 1034 (1892); Siedler v. Seely, 8 Colo. App. 499, 46 P. 848 (1896); Thompson v. De Weese-Dye Ditch & Reservoir Co., 25 Colo. 243, 53 P. 507 (1898); Colo. Fuel & Iron Co. v. Four Mile Ry., 29 Colo. 90, 66 P. 902 (1901); Union P.R.R. v. Colo. Postal Tel. Cable Co., 30 Colo. 133, 69 P. 564 (1902); Goodman v. City of Ft. Collins, 164 F. 970 (8th Cir. 1908).