Colorado § 38-7.5-102 - Motion for vesting - procedure with respect thereto.

§ 38-7.5-102. Motion for vesting - procedure with respect thereto.

(1) (a) The court shall set a date, not less than twenty-one days after the filing of a motion for vesting, for the hearing thereon, and the court shall require at least fourteen days notice to be given to each party to the proceeding whose interests would be affected by the taking requested.

(b) The averments in the motion and the necessity for the vesting of title, or some lesser estate, before the final determination of just compensation are deemed admitted unless such averments are controverted in a responsive pleading filed at or before the hearing on the motion for vesting.

(2) At the hearing on a motion for vesting, if the averments in the motion have been controverted in responsive pleadings filed at or before the hearing and if the court has not previously, in the same proceeding, determined that the averments are true, the court shall first hear and determine:

(a) The authority of the petitioner to exercise the right of eminent domain;

(b) Whether the property described in the motion for vesting is subject to the exercise of the right of eminent domain; and

(c) Whether the right of eminent domain is being properly exercised in the particular proceeding.

(3) Failure to raise the issues enumerated in subsection (2) of this section, at or before the hearing on the motion for vesting, constitutes a waiver insofar as the issues relate to the property described in the motion for vesting. The court's order thereon is a final order, and an appeal may be obtained for the review thereof by either party within twenty-one days after the entry of the order but not thereafter unless the appellate court, on good cause shown, extends the time for obtaining an appeal within twenty-one days. Appellate review does not stay the other proceedings under this article 7.5 unless the appeal was obtained by the petitioner or unless an order staying such further proceedings is entered by the appellate court upon a showing of irreparable injury.

(4) If the issues enumerated under subsection (2) of this section are determined in favor of the petitioner and further proceedings are not stayed or if further proceedings are stayed and the appeal results in a determination in favor of the petitioner, the court shall hear and determine all matters raised in and relating to the motion for vesting. If the foregoing matters are determined in favor of the petitioner, the court shall appoint three disinterested commissioners, who must be freeholders, to assess the compensation to which the respondents named in the motion for vesting may be entitled by reason of the appropriation of the petitioner.

(5) (a) The commissioners, before entering upon the duties of their office, shall take an oath to faithfully and impartially discharge their duties as commissioners. Any one of the commissioners may administer oaths to witnesses produced before them.

(b) After taking their oath, the commissioners shall view the property, hear testimony, and consider evidence as is reasonably necessary to enable them to make a preliminary finding of an amount constituting just compensation for the taking of the property of the respondents named in the motion for vesting.

(c) After making a preliminary finding, the commissioners shall make, subscribe, and file a certified report meeting the requirements of section 38-1-115 with the clerk of the court in which such proceedings occur.

(d) Upon the motion of the petitioner filed within fourteen days of receipt of the notice provided for in section 38-7.5-103 (1), the court shall review the report of the commissioners, and, upon good cause shown by the petitioner, the court may order a new report by the same or different commissioners and void the report objected to. The appointment of any new commissioners and the preparation of the new report must be done in accordance with the provisions of this article 7.5.

(6) A preliminary finding of just compensation and any deposit made or security provided pursuant thereto is not evidence in the further proceedings to ascertain the just compensation to be paid and may not be disclosed in any manner to a jury impaneled in such proceedings.

Source: L. 2024: Entire article added, (HB 24-1172), ch. 387, p. 2675, § 2, effective August 7.