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BOARD00951
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BOARD00951
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Last modified
8/16/2009 2:56:13 PM
Creation date
10/4/2006 6:47:04 AM
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Board Meetings
Board Meeting Date
3/24/2003
Description
State Legislative Issues
Board Meetings - Doc Type
Memo
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<br />I <br />2 <br />3 <br />4 <br /> <br />SECTION 1. Legislative declaration. (I) The generalassembly <br />detetillines and declares that the purpose and intent of this act is to <br />eneourageeondemningentities to make fair and reasonable offers to <br />owners .of property subject to condemnation. Dcterminingthe amount of <br /> <br />5 an offer to purchase is within the discretion and authority of the <br />6 condemning entity, and such entities will be liablc for owners' costs and <br />7 fees only where a eourt or juryhas determined that the fairvaluc. is at <br />8 least thirty percent higher than the eondemrtingentity's last offer. <br />9 (2) The general assembly therefC?re determinesthatthe purposes <br />10 of this act will be most fully served by directing all affected state <br />11 agencies, di visions, and subdivisions to implement this. act within their <br />12 existing resources. <br />13 SECTION 2. 38-1-122, Colorado Revised Statutes, is amended <br /> <br />14 <br /> <br />BY THE ADDITION OF A NEW SUBSECTION to read: <br /> <br />15 38-1-122. Attorney fees. (1;5) (a) IN CONNECTION WITH <br /> <br />16 PROCEEDINGS FOR THE ACQUISITION OR CONDEMNATION OF PROPERTY IN <br /> <br />17 WHICH THE AWARD DETERMINED BY THE COURT EXCEEDS TEN THOUSAND <br /> <br />18 DOLLARS, IN ADDITION TO ANY COMPENSATION AWARDED TO THE OWNER <br /> <br />19 IN AN EMINENT DOMAIN PROCEEDING, THE CONDEMNING AUTHORITY <br /> <br />20 SHALL REIMBURSE THE OWNER WHOSE PROPERTY IS BEING ACQUIRED OR <br /> <br />21 CONDEMNED FOR ALL OF THE OWNER'S REASONABLE ATTORNEY FEES AND <br /> <br />22 THE REASONABLE COSTS OF THE LITIGATION INCURRED BY THE OWNER <br /> <br /> <br />23 WHERE THE AWARD BY THE COURT IN .THE PROCEEDINGS EQUALS OR <br /> <br />24 EXCEEDS ONE HUNDRED THlRT'i'Pj::RCENTOF THE CONDEMNING <br /> <br />25 AUTHORITY'S FINALWR1ITEN OFFEROf$ETTLEMENTFURNISHEDTOTHE <br /> <br />26 <br />27 <br /> <br />OWNER AS. REQUIRED IN SECTION 38-1-1~1(6). ANOWNERMAYNOTBE <br />RElMBURSEDUNDER THE PROVISIONSOP THIS SUBSECTION (l.5).UNLESS <br /> <br />-2- <br /> <br />1089 <br /> <br />e <br /> <br />e <br /> <br />e <br />
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