(1) It is the policy of the general assembly that every public nuisance shall be restrained, prevented, abated, and perpetually enjoined. It is the duty of the district attorney in each judicial district of this state to bring and maintain an action, pursuant to the provisions of this part 3, to restrain, prevent, abate, and perpetually enjoin any such public nuisance and to seek the forfeiture of property as provided in this part 3. The general assembly intends that proceedings under this part 3 be remedial and equitable in nature. Nothing contained in this part 3 shall be construed as an amendment or repeal of any of the criminal laws of this state, but the provisions of this part 3, insofar as they relate to those laws, shall be considered a cumulative right of the people in the enforcement of such laws. The provisions of this part 3 shall not be construed to limit or preempt the powers of any court or political subdivision to abate or control nuisances.
(2) It is also the policy of the general assembly that asset forfeiture pursuant to this part 3 shall be carried out pursuant to the following:
(a) Generation of revenue shall not be the primary purpose of asset forfeiture.
(b) No prosecutor's or law enforcement officer's employment or level of salary shall depend upon the frequency of seizures or forfeitures which such person achieves.
(c) All seizures of real property pursuant to this part 3 shall be made pursuant to a temporary restraining order or injunction based upon a judicial finding of probable cause.
(d) Each seizing agency shall have policies and procedures for the expeditious release of seized property which is not subject to forfeiture pursuant to this part 3, when such release is appropriate.
(e) Each seizing agency retaining forfeited property for official law enforcement use shall ensure that the property is subject to controls consistent with controls which are applicable to property acquired through the normal appropriations process.
(f) Each seizing agency which receives forfeiture proceeds shall conform with reporting, audit, and disposition procedures enumerated in this article.
(g) Each seizing agency shall prohibit its employees from purchasing forfeited property.
Source: L. 72: R&RE, p. 259, § 1. C.R.S. 1963: § 39-13-302. L. 87: Entire section amended, p. 630, § 2, effective July 1. L. 92: Entire section amended, p. 446, § 1, effective July 1. Cross references: For the authority of counties and municipalities to control public nuisances, see § 31-15-401.
Notes of Decisions
7250 Corp. v. Bd. of Cnty. Commissioners, 799 P.2d 917 (Colo. 1990).
· cites it 6× “(12) The District Attorney, acting pursuant to Section 16-13-302, C.R.S., may bring an action in the District Court for Adams County for an injunction against the operation of such establishments in a manner which violates any of the provisions set out herein.”
People v. Milton, 732 P.2d 1199 (Colo. 1987).
· cites it 2× “The civil character of the statutory scheme is further demonstrated by section 16-13-307(3), which states that “[ejxcept as otherwise provided in [the statute], the practice and procedure in an action to abate a public nuisance shall be governed by the Colorado rules of civil…”
United States v. Wilkinson, 686 P.2d 790 (Colo. 1984).
· cites it 2× “The legislative policy of the statute in question is clearly set forth in section 16-13-302: “It is the policy of the general assembly that every public nuisance shall be restrained, prevented, abated, and perpetually enjoined.”
People v. Grell, 950 P.2d 660 (Colo. Ct. App. 1997).
· cites it 2× “*662 According to § 16-13-302, C.R.S. (1996 Cum.Supp.), proceedings under the Act are to be considered remedial and equitable in nature in order to “restrain, prevent, abate, and perpetually enjoin any such public nuisance.”
Eggleston v. State of Colo., 636 F. Supp. 1312 (D. Colo. 1986).
· cites it 2× “” Colo.Rev.Stat. § 16-13-302. In what was understandably an exercise in eisegesis, the court reasoned unless the property owner was divested of all legal right to the property after it was seized, the property could be transferred to the benefit of the owner and the forfeiture…”
People v. Perez, 561 P.2d 7 (Colo. 1977).
· cites it 3× “Appellant asserts that the doctrine of laches precludes the state from bringing this action, since the first alleged act of prostitution occurred two and one-half years before the complaint and petition for abatement were filed.”
People v. LOT 23, 735 P.2d 184 (Colo. 1987).
“” § 16-13-302, 8A C.R.S. (1986). Section 16-13-303 provides: Class 1 public nuisance.”
People v. Garner, 732 P.2d 1194 (Colo. 1987).
“§ 16-13-302, 8A C.R.S. (1986). A vehicle is deemed a class 1 public nuisance when, as pertinent here, it is used for the sale, or distribution or for storage or possession for any unlawful manufacture, sale, or distribution of any controlled substance, as defined in section…”
People v. Coolidge, 953 P.2d 949 (Colo. Ct. App. 1997).
· cites it 2× “The public nuisance statute, § 16-13-302, C.R.S.1997, provides as follows: It is the policy of the general assembly that every public nuisance shall be restrained, prevented, abated, and perpetually enjoined.”
— Colo. Rev. Stat. § 16-13-302(1) — 1 case
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