Colorado § 38-1-110 - Appellate review.

§ 38-1-110. Appellate review.

In all cases, upon final determination thereof in the district court, the judgment is subject to appellate review as provided by law and the Colorado appellate rules.

Source: G.L. § 1070. G.S. C. § 249. R.S. 08: § 2427. C.L. § 6323. CSA: C. 61, § 13. CRS 53: § 50-1-13. C.R.S. 1963: § 50-1-13. L. 64: p. 266, § 156.

ANNOTATION

Principal object of condemnation proceedings is to ascertain the price which a petitioner must pay for the land which he desires to acquire, and, until that determination is made by a board or jury and the same has been approved by a court, it cannot be said that the rights of the parties have become fixed or determined. Burlington & C.R.R. v. Colo. E.R.R., 45 Colo. 222, 100 P. 607 (1909); Town of Glendale v. City & County of Denver, 137 Colo. 188, 322 P.2d 1053 (1958).

Supreme court cannot take original jurisdiction of condemnation proceedings. Denver & N.O.R.R. v. Lamborn, 9 Colo. 119, 10 P. 797 (1886).

This section discourages review of cause piecemeal. Burlington & C.R.R. v. Colo. E.R.R., 45 Colo. 222, 100 P. 607 (1909).

Review is allowed only upon final determination of proceedings. See Burlington & C.R.R. v. Colo. E.R.R., 45 Colo. 222, 100 P. 607 (1909).

A judgment which settles the rights of respective parties is a final judgment reviewable by the appellate court. Denver Power & Irrigation Co. v. Denver & R.G.R.R., 30 Colo. 204, 69 P. 568 (1902).

When commissioners filed with the clerk their certificate of ascertainment and assessment, and the court or judge denied the motion of petitioner or respondent, as the case may be, to vacate and set aside the same, there is such a final determination as entitles him to an appeal. Benninghoff v. Town of Palisade, 48 Colo. 64, 108 P. 983 (1910).

Interlocutory order not reviewable. The order of the trial court which determines that the petitioner has the power to condemn is not final, but merely interlocutory, from which an appeal, and to which a writ of error, do not lie. Burlington & C.R.R. v. Colo. & E.R.R., 45 Colo. 222, 100 P. 607 (1909); First Nat'l Bank v. Minn. Mines, 109 Colo. 6, 121 P.2d 488 (1942); Town of Glendale v. City & County of Denver, 137 Colo. 188, 322 P.2d 1053 (1958).

Intervenor has right to appeal final judgment affecting it adversely once intervention has been properly granted. Bd. of County Comm'rs v. Anderson, 34 Colo. App. 37, 525 P.2d 478 (1974), aff'd, 188 Colo. 337, 534 P.2d 1201 (1975).

Applied in Order of Friars Minor of Province of Most Holy Name v. Denver Urban Renewal Auth., 186 Colo. 367, 527 P.2d 804 (1974).