Colorado § 38-44-106 - Hearing.

§ 38-44-106. Hearing.

At the time and in the manner specified in the order of court, the commission shall proceed to locate said boundaries and corners and for that purpose may take the testimony of witnesses as to where the true boundaries and corners are located; and, when so ascertained, the commission shall mark the same by erecting or putting down permanent and fixed monuments at all corners so located. In its report to the court, the commission shall file a map or plat showing all monuments, lines, and any other evidences or witness marks that will more nearly identify the corners and, if that issue is presented, shall also take testimony as to whether the boundaries or corners alleged to have been recognized and acquiesced in for twenty years or more have in fact been recognized and acquiesced in. If it finds affirmatively on such issue, it shall incorporate the same into the report to the court.

Source: L. 07: p. 287, § 6. Code 08: § 302. Code 21: § 303. Code 35: § 303. CRS 53: § 118-11-6. C.R.S. 1963: § 118-11-6.

Cross references: For methods of erecting monuments at corners, see § 38-51-104.

ANNOTATION

Monuments of original survey control, and it is a general rule that the original corners as established by the government surveyors, if they can be found, or the places where they were originally established, if that can be definitely determined, are conclusive on all persons owning or claiming to hold with reference to such survey and the monuments placed by the original surveyor without regard to whether they were correctly located or not. Brackett v. Cleveland, 147 Colo. 328, 363 P.2d 1050 (1961).

Relocation of obliterated corners is first step in settling boundary dispute. Where section corners have been obliterated, and there is a dispute as to boundaries, the correct rule in determining these boundaries is first to relocate the corners. Brackett v. Cleveland, 147 Colo. 328, 363 P.2d 1050 (1961).

Applied in Smith v. Dorsey, 29 Colo. App. 369, 483 P.2d 1359 (1971).