LEG00021

• Bill Number: HB03-1089
• Year: 2003
• Title: Eminent Domain Reimbursement
• Legislation - Doc Type: Other CWCB Related Bills - Passed

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SECTION I. Legislative declaration. (1) The general assembly
deterl1:linesand cleclares that the purpose and intent of this act is to
encourage condemning entities to make fair and reasonable offers to
owners of propertysubjectto conderrmbtion.Detenniningthe amount of
an offer to purchase is within the discretion ,and authority of the
condemning entity, and such entities wiUbe liable for owners' costs and
fees onlywhere a court or jury has determined that the fair value is at
least thirty percent higherthan,theconderrming entity's last offer.
(2) Thegeneralassemblythtmifore determines that the purposes
of this act will be most fully served by directing all affected state
agencies, divisions, and subdivisions to implement this act within their
existing reSQ\.Irces.
SECTION 2. 38-1-122, Colontdo Revised Statutes, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
38-1-122. Attorney fees. (1.5) (a) IN CONNECTION WITH

PROCEEDINGS FOR THE ACQUISITION OR CONDEMNATION OF PROPERTY IN

WHICH THE AWARD DETERMINED BY THE COURT EXCEEDS TEN THOUSAND

DOLLARS, IN ADDITION TO ANY COMPENSATION AWARDED TO THE OWNER

IN AN EMINENT DOMAIN PROCEEDING, THE CONDEMNING AUTHORITY

SHALL REIMBURSE THE OWNER WHOSE PROPERTY IS BEING ACQUIRED OR

CONDEMNED FOR ALL OF THE OWNER'S REASONABLE ATTORNEY FEES AND

THE REASONABLE COSTS OF THE LITIGATION INCURRED BY THE OWNER

23 WHERE THE AWARD BY THE COURT IN THE PROCEEDINGS EQUALS OR

24 EXCEEDS ONE HUNDRED THIRTYP.!3RCENTOF THE CONDEMNING

25 AUTHORITY'S FINAL WRITTEN OFFEROFSETTLEMENTFURNISHED TO,THE

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OWNER AS REQUIRED IN SECTION 38-1 :121(6), AN OWNER MA YNOT BE
REIMBURSED UNDER THEPROVlSIONS\)FTHIS SUBSECTION (15) UNLESS

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