Colo. Rev. Stat. » Title 31
Colorado Revised Statutes

Colo. Rev. Stat. § 31-12-108 (2026)

Setting hearing date - notice given

✓ current as of July 2026
Find cases: SyfertCases citing this section CO-LEGleg.colorado.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(1) As a part of the resolution initiating annexation proceedings by the municipality or of a resolution finding substantial compliance of an annexation petition or of a petition for an annexation election, the governing body of the annexing municipality shall establish a date, time, and place that the governing body will hold a hearing to determine if the proposed annexation complies with section 30 of article II of the state constitution and sections 31-12-104 and 31-12-105 or such provisions thereof as may be required to establish eligibility under the terms of this part 1. The hearing shall be held not less than thirty days nor more than sixty days after the effective date of the resolution setting the hearing. This hearing need not be held if the municipality has determined conclusively that the requirements of section 30 of article II of the state constitution and sections 31-12-104 and 31-12-105 have not been met.

(2) The clerk shall give notice as follows: A copy of the resolution or the petition as filed (exclusive of the signatures) together with a notice that, on the given date and at the given time and place set by the governing body, the governing body shall hold a hearing upon said resolution of the annexing municipality or upon the petition for the purpose of determining and finding whether the area proposed to be annexed meets the applicable requirements of section 30 of article II of the state constitution and sections 31-12-104 and 31-12-105 and is considered eligible for annexation. Said notice shall be published once a week for four successive weeks in some newspaper of general circulation in the area proposed to be annexed. The first publication of such notice shall be at least thirty days prior to the date of the hearing. The proof of publication of the notice and resolution or petition, or the summary thereof, shall be returned when the publication is completed, the certificate of the owner, editor, or manager of the newspaper in which said notice is published shall be proof thereof, and a hearing shall then be held as provided in said notice. A copy of the published notice, together with a copy of the resolution and petition as filed, shall also be sent by registered mail by the clerk to the board of county commissioners and to the county attorney of the county wherein the territory is located and to any special district or school district having territory within the area to be annexed at least twenty-five days prior to the date fixed for such hearing. The notice required to be sent to the special district or school district by this subsection (2) shall not confer any right of review in addition to those rights provided for in section 31-12-116.

(3) The governing body of the annexing municipality, from time to time, may continue the hearing to another date without additional notice if the volume of material to be received cannot be presented within the available time for any given session; except that no session of a hearing shall be so continued unless at least one hour of testimony has been heard.

Source: L. 75: Entire title R&RE, p. 1083, § 1, effective July 1. L. 87: (2) amended, p. 1220, § 4, effective May 28. L. 2010: (1) and (2) amended, (HB 10-1259), ch. 211, p. 916, § 6, effective August 11.

Editor's note: This section is similar to former § 31-8-108 as it existed prior to 1975.

Notes of Decisions
Cited in 8 cases, 1980–2012 · leading case: Bd. of Cnty. Commissioners v. City of Aurora, 62 P.3d 1049 (Colo. Ct. App. 2002).
Sort: Relevance Newest Treatment
Bd. of Cnty. Commissioners v. City of Aurora, 62 P.3d 1049 (Colo. Ct. App. 2002). · cites it 3× “” Section 31-12-108(2), C.R.S.2001. It is undisputed that both RTD and DCSCD have territory within the area to be annexed and that the city did not notify either entity of the hearing.”
Town of Superior v. Midcities Co., 933 P.2d 596 (Colo. 1997). · cites it 2× “The consent of each party to the annexation, i.”
Goodwin v. Thieman, 74 P.3d 526 (Colo. Ct. App. 2003). · cites it 2× “There, quasi-municipal corporation is defined as "a corporation vested with the municipal powers for the accomplishment of a limited municipal purpose, including but not limited to domestic water districts, metropolitan districts, sanitation districts, water and sanitation…”
Town of Minturn v. Sensible Hous. Co., 273 P.3d 1154 (Colo. 2012). “Following the hearings, the Act requires the annexing municipality to make findings with respect to whether the constitutional requirements of article II, seetion 80 have been met, whether an election of landowners and registered electors is required, and whether to impose…”
In re 2000-2001 Dist. Grand Jury in & for the First Jud. Dist., 22 P.3d 922 (Colo. 2001). “§ 31-12-108(11). The property purchased and resold by Blackhawk involved interests in mining claims, not residential property.”
Minch v. Town of Mead, 957 P.2d 1054 (Colo. Ct. App. 1998). “1997; provision for hearings, §§ 31-12-108 and 31-12-109, C.R.S.1997; and findings, § 31-12-110, C.”
Slack v. City of Colorado Springs, 655 P.2d 376 (Colo. 1982). “We agree with the trial court that the legal description was in substantial compliance with the requirements of sections 31-12-108, 31-12-104, and 31-12-105, C.”
Cesario v. City of Colorado Springs, 616 P.2d 113 (Colo. 1980). · cites it 3× “The governing body of any municipality may annex such area by the following procedure: Adopt a resolution setting forth the intent of the governing body to annex the area described in said resolution if, after notice and hearing as provided in sections 31-12-108 and 31-12-109,…”
Colo. Rev. Stat. § 31-12-108(1): 2 cases
Town of Superior v. Midcities Co., 933 P.2d 596 (Colo. 1997). “The consent of each party to the annexation, i.”
Town of Minturn v. Sensible Hous. Co., 273 P.3d 1154 (Colo. 2012). “Following the hearings, the Act requires the annexing municipality to make findings with respect to whether the constitutional requirements of article II, seetion 80 have been met, whether an election of landowners and registered electors is required, and whether to impose…”
Colo. Rev. Stat. § 31-12-108(10): 1 case
Goodwin v. Thieman, 74 P.3d 526 (Colo. Ct. App. 2003). “There, quasi-municipal corporation is defined as "a corporation vested with the municipal powers for the accomplishment of a limited municipal purpose, including but not limited to domestic water districts, metropolitan districts, sanitation districts, water and sanitation…”
Colo. Rev. Stat. § 31-12-108(11): 1 case
In re 2000-2001 Dist. Grand Jury in & for the First Jud. Dist., 22 P.3d 922 (Colo. 2001). “§ 31-12-108(11). The property purchased and resold by Blackhawk involved interests in mining claims, not residential property.”
Colo. Rev. Stat. § 31-12-108(2): 1 case
Bd. of Cnty. Commissioners v. City of Aurora, 62 P.3d 1049 (Colo. Ct. App. 2002). “” Section 31-12-108(2), C.R.S.2001. It is undisputed that both RTD and DCSCD have territory within the area to be annexed and that the city did not notify either entity of the hearing.”
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.