Colorado Revised Statutes

Colo. Rev. Stat. § 16-13-301 (2026)

Definitions

✓ current as of July 2026

Find cases: SyfertCases citing this section CO-LEGleg.colorado.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

As used in this part 3, unless the context otherwise requires: (1) "Action to abate a public nuisance" means any action authorized by this part 3 to restrain, remove, terminate, prevent, abate, or perpetually enjoin a public nuisance. (2) "Building" means a structure which has the capacity to contain, and is designed for the shelter of, man, animals, or property, including any house, office building, store, warehouse, or structure of any kind, whether or not such building is permanently affixed to the ground upon which it is situate, and any trailer, semitrailer, trailer coach, mobile home, or other vehicle designed or used for occupancy by persons for any purpose. (2.1) "Conviction" means a verdict of guilty by a judge or jury or a plea of guilty or nolo contendere that is accepted by the court or adjudication for an offense that would constitute a criminal offense if committed by an adult. (2.2) "Drive-by crime" means a first degree assault as defined in section 18-3-202, C.R.S., second degree assault as defined in section 18-3-203, C.R.S., attempted first degree or second degree assault, felony menacing as defined in section 18-3-206, C.R.S., or illegal discharge of a firearm as defined in section 18-12-107.5, C.R.S., any of which is committed while utilizing a vehicle for means of concealment or transportation. (2.3) "Instrumental" means a substantial connection exists between the property and the public nuisance act. (2.4) "Proceeds traceable" or "traceable proceeds" means all property, real and personal, corporeal and incorporeal, which is proceeds attributable to, derived from, or realized through, directly or indirectly, a public nuisance act, whether proved by direct, circumstantial, or documentary evidence. There shall be no requirement of showing a trail of documentary evidence to trace proceeds provided that the standard of proof by clear and convincing evidence is met. (2.5) "Public nuisance act" means any of the crimes, offenses, or violations set forth in section 16-13-303 (1)(a) to (1)(n), regardless of the location where the act occurred. (2.6) "Real property" means all lands and franchises and interests in land located within this state, including water rights, mineral rights, oil and gas rights, space rights, condominium rights, and air rights, and any and all other things usually included within said term. "Real property" includes any and all interests in such property less than full title, such as easements, incorporeal hereditaments, and every estate, interest, or right, legal or equitable. (2.7) "Seizing agency" means any agency that is charged with the enforcement of the laws of this state, of any other state, or of the United States and that has participated in a seizure or has been substantially involved in effecting a forfeiture through the development of evidence underlying the claim for forfeiture or through legal representation pursuant to this part 3. The department of corrections, the division of parks and wildlife in the department of natural resources, and a multijurisdictional law enforcement task force shall be deemed to be included under this definition. (3) "Vehicle" means any device of conveyance capable of moving itself or of being moved from place to place upon wheels or track or by water or air, whether or not intended for the transport of persons or property, and includes any place therein adapted for overnight accommodation of persons or animals or for the carrying on of business.

Source: L. 72: R&RE, p. 259, § 1. C.R.S. 1963: § 39-13-301. L. 73: p. 236, § 12. L. 75: (2) amended, p. 1466, § 7, effective July 18. L. 81: (2) amended and (3) added, p. 954, § 1, effective July 1. L. 83: (2.5) added, p. 683, § 1, effective July 1. L. 87: (2.3) and (2.7) added, p. 630, § 1, effective July 1. L. 89: (2.2) added, p. 875, § 7, effective June 5. L. 92: (2.3) amended, p. 2171, § 19, effective June 2. L. 93: (2.2) amended, p. 969, § 4, effective July 1. L. 95: (2.7) amended, p. 872, § 4, effective May 24. L. 96: (2.7) amended, p. 375, § 1, effective April 17. L. 2000: (2.3) amended, p. 1108, § 5, effective August 2. L. 2002: (2.1) and (2.4) added and (2.3) and (2.7) amended, p. 916, § 1, effective July 1. L. 2003: (2.4) and (2.5) amended and (2.6) added, p. 903, § 14, effective July 1.

Editor's note: Subsection (2.3) was amended by section 1 of chapter 244, Session Laws of Colorado 2002, resulting in a new definition being added as subsection (2.3). The former subsection (2.3) was relocated by the same act to subsection (2.4).

Notes of Decisions

Cited in 35 cases, 1977–2012 · leading case: State v. Tafoya, 2012 NMSC 30 (N.M. 2012).

Sort: Relevance Newest Treatment

State v. Tafoya, 2012 NMSC 30 (N.M. 2012). “See Colo. Rev. Stat. § 16-13-301 (2.2) (2003) (A “Drive-by crime” “is committed while utilizing a vehicle for means of concealment or transportation.”

Kessman v. City & Cnty. of Denver, 709 P.2d 975 (Colo. Ct. App. 1985). · cites it 4× “Kessman owned and operated a business known as Stan’s Colorado Gold and Silver and Coin Exchange. In conducting this business, Kessman bought gold and silver items, jewelry, and assorted other merchandise which he then resold for a profit.”

People v. Milton, 732 P.2d 1199 (Colo. 1987). “He challenges the judgment on several grounds: that the Colorado Abatement of Public Nuisance Statute (Public Nuisance Statute), §§ 16-13-301 to -316, 8A C.R.S. (1986), pursuant to which his vehicle was forfeited, is unconstitutional; that the trial court erred in construing the…”

People Ex Rel. Sandstrom v. Dist. Court in & for the Cnty. of Pueblo, 884 P.2d 707 (Colo. 1994). · cites it 2× “00 pursuant to the Abatement of Public Nuisance Act, § 16-13-301 to -316, 8A C.R.S. (1986 & 1994 Supp.”

People v. Bossert, 722 P.2d 998 (Colo. 1986). “On January 13, 1982, a civil suit was initiated by the Jefferson County District Attorney for abatement of a public nuisance, pursuant to the Abatement of Public Nuisance Act, §§ 16-13-301 to -316, 8 C.R.S. (1978 & 1985 Supp.”

People v. LOT 23, 735 P.2d 184 (Colo. 1987). · cites it 2× “1985), concerning forfeiture of respondent’s property pursuant to the Colorado Abatement of Public Nuisance Statute [hereinafter Public Nuisance Statute], sections 16-13-301 to -316, 8A C.R.S. (1986).”

People v. Garner, 732 P.2d 1194 (Colo. 1987). · cites it 2× “1 We hold that the district court had no authority under the Colorado Abatement of Public Nuisance Statute (Public Nuisance Statute), §§ 16-13-301 to -316, 8A C.R.S. (1986), to vest the entire ownership of the vehicle in the innocent co-owner once the vehicle had been adjudged a…”

Eggleston v. State of Colo., 636 F. Supp. 1312 (D. Colo. 1986). · cites it 3× “The State of Colorado asserts the monies constitute a class I nuisance under the Colorado public nuisance statutes, Colo.Rev. Stat. §§ 16-13-301 et seq. and, thus, the state is entitled to forfeiture of the monies.”

People v. Angerstein, 572 P.2d 479 (Colo. 1977). · cites it 2× “1973, confiscation and destruction of unlawfully possessed narcotic drugs; section 16-13-301, et seq., C.R.S. 1973, destruction or sale of property which meets the statutory definition of “public nuisance”; section 18-10-104, C.”

7250 Corp. v. Bd. of Cnty. Commissioners, 799 P.2d 917 (Colo. 1990). “Three or more violations in any one year period would constitute a public nuisance which could subject the establishment to an abatement action pursuant to the state Public Nuisance Statute, §§ 16-13-301 to -317, 8A C.R.S. (1986 & 1990 Supp.”

People v. Taube, 864 P.2d 123 (Colo. 1993). “We granted certiorari in this case to decide whether law enforcement officers may conduct an inventory of a home seized pursuant to a temporary restraining order (TRO) issued under the Abatement of Public Nuisance Act, sections 16-13-301 to -316, 8A C.R.S. (1986 & 1992 Supp.”

United States v. Wilkinson, 686 P.2d 790 (Colo. 1984). “1973? We hold that a person is divested of all rights and interests in property upon its seizure under the Colorado Abatement of Public Nuisance statute (Public Nuisance *791 statute), sections 16-13-301 to -316, 8 C.R.S. (1978 & 1983 Supp.”

Show all 35 citing cases →

— Colo. Rev. Stat. § 16-13-301(1) — 1 case

People v. Garner, 732 P.2d 1194 (Colo. 1987). “1 We hold that the district court had no authority under the Colorado Abatement of Public Nuisance Statute (Public Nuisance Statute), §§ 16-13-301 to -316, 8A C.R.S. (1986), to vest the entire ownership of the vehicle in the innocent co-owner once the vehicle had been adjudged a…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.