Colorado § 38-6-113 - Jury trial - motion for new trial - appellate proceedings.

§ 38-6-113. Jury trial - motion for new trial - appellate proceedings.

(1) At the time fixed for the hearing of the commissioners' report or at any time prior thereto but not after said time, any defendant who owns or is interested in any property actually taken, appropriated, or damaged on account of the proposed improvement and who is dissatisfied with the amount awarded to him by said commissioners may file his demand, in writing, for a trial by a jury of either six or twelve freeholders to appraise and assess the damages which said defendant or person may sustain by reason of the appropriation and condemnation of, or damage to, his property. Any person so demanding a jury, at the time of said demand, shall deposit with the clerk the jury fees for one day's services according to the rate allowed jurors in the district court. The court shall fix an early date for said trial, and on such date the defendants who have made written demands for jury trial within the time provided shall proceed to submit their claims to the jury. Such jury shall be drawn as in civil actions; except that the jurors shall have the qualifications provided in this section.

(2) The court shall proceed in the same manner and with like powers as in other cases, except as otherwise provided in this part 1. At the request of any party to the proceedings, the court shall order that the jury go upon the premises sought to be taken or damaged, in charge of a sworn bailiff and in the company of any other person that the court may order, and examine the premises in person. At the conclusion of the evidence, the matters in controversy may be argued by counsel to the jury, and at the conclusion of the arguments the court shall instruct the jury in writing. The jury shall return a special verdict fixing and determining the damages or compensation to be allowed to each defendant, severally, who has demanded a jury trial, which verdict shall include both the fair, actual cash market value of the land actually taken for the improvement and the direct, fair, and actual damage, if any, caused on account of said improvement to property not taken for the improvement. Any party to the proceeding may move for a new trial in the same manner as in actions at law. The refusal of said court to grant the same may be excepted to and assigned for appeal, but no appeal shall be permitted to stay the improvement sought by the proceeding.

Source: L. 11: p. 378, § 13. C.L. § 9088. CSA: C. 163, § 131. CRS 53: § 50-6-13. C.R.S. 1963: § 50-6-13. L. 76: (2) amended, p. 313, § 64, effective May 20.

ANNOTATION

Limiting number of witnesses is within court's discretion. Wassenich v. City & County of Denver, 67 Colo. 456, 186 P. 533 (1919).

Jury is not authorized to view premises other than the land condemned. Wassenich v. City & County of Denver, 67 Colo. 456, 186 P. 533 (1919).

Market value to be determined. The issue to be determined is the fair, actual cash market value of the land taken at the time of the award and the direct, fair and actual damages to the remainder of the tract, not taken, caused by the improvement, equal to the diminution in the market value of the residue at the time of the trial, for any use to which it may be put, reasonably. Wassenich v. City & County of Denver, 67 Colo. 456, 186 P. 533 (1919).

Any reasonable future use to which the land may be adapted or applied by men of ordinary prudence and judgment may be considered only insofar as it may assist the jury in arriving at the present market value. Wassenich v. City & County of Denver, 67 Colo. 456, 186 P. 533 (1919).

Evidence of sales of like properties admissible. In computing damages under a jury trial evidence of sales of other like properties, in the same vicinity, and used for the same purpose, is admissible. Wassenich v. City & County of Denver, 67 Colo. 456, 186 P. 533 (1919).

Opinions by qualified witnesses as to value permitted. To aid and assist the jury in arriving at an opinion, witnesses who are qualified may give their opinions as to the value and any special circumstances upon which those opinions are based. Wassenich v. City & County of Denver, 67 Colo. 456, 186 P. 533 (1919).