The owner of the property involved in any proceeding brought under the
provisions of this article, before the appointment of commissioners, as provided in section 38-1-
105, and before the expiration of the time for the defendant to appear and answer, may demand a
jury of freeholders residing in the county in which the petition is filed to determine the
compensation to be allowed in the manner provided in this article. Such demand may be made in
the pleadings or by a separate writing filed with the clerk. Such jury shall consist of six persons,
unless a larger number is demanded by any party to the proceeding. In no case shall the number
of jurors exceed twelve. Any party so demanding a larger number than six jurors shall advance
the fees for such additional jurors for one day's service according to the rate allowed jurors in the
district court.
Source: G.L. § 1064. G.S. C. § 243. L. 1889: p. 156, § 1. R.S. 08: § 2421. C.L. § 6317.
CSA: C. 61, § 7. CRS 53: § 50-1-7. L. 61: p. 374, § 4. C.R.S. 1963: § 50-1-7. L. 66: p. 30, § 2.
Notes of Decisions
Jagow v. E-470 Pub. High. Auth., 49 P.3d 1151 (Colo. 2002).
· cites it 4× “[4] "In all cases in which compensation is not made by the state in its corporate capacity, such compensation shall be ascertained by a board of commissioners of not less than three disinterested and impartial freeholders pursuant to section 38-1-105(1) or by a jury when…”
Scott v. Cnty. of Custer, 178 P.3d 1240 (Colo. Ct. App. 2007).
· cites it 7× “Scott also requested a jury trial on the amount of compensation to be awarded, pursuant to section 38-1-106, C.R.S.2007. In response, the County filed a pretrial motion in limine requesting the trial court to determine that the standard of compensation should be diminution in…”
City of Northglenn v. Grynberg, 846 P.2d 175 (Colo. 1993).
· cites it 4× “After a trial on damages to a jury of freeholders pursuant to section 38-1-106, Grynberg was awarded the amount described above and the verdict was affirmed by the court of appeals.”
Town of Red Cliff v. Reider, 851 P.2d 282 (Colo. Ct. App. 1993).
· cites it 7× “), or by a jury of freeholders, § 38-1-106, C.R.S. (1982 Repl.Vol. 16A). Section 38-1-106 authorizes the demand for jury trial to be made at any time before a commission is appointed and before the time for the landowner to appear and answer.”
Mill v. State, Dep't of Health, 868 P.2d 1099 (Colo. Ct. App. 1994).
· cites it 4× “The record reveals that the “zero” award in the condemnation action here was the result of a stipulation entered into by the parties in lieu of an evidentiary hearing under § 38-1-106, C.R.S. (1982 Repl.Vol. 16A). That stipulation entered into by The Mill and the State provided…”
Dep't of Transp. v. Marilyn Hickey Ministries, 159 P.3d 111 (Colo. 2007).
· cites it 2× “Section 38-1-101(2)(a) provides: In all cases in which compensation is not made by the state in its corporate capacity, such compensation shall be ascertained by a board of commissioners of not less than three disinterested and impartial freeholders pursuant to section…”
Kobobel v. State Dept. of Nat. Resources, 249 P.3d 1127 (Colo. 2011).
· cites it 4× “§ 38-1-106, C.R.S. (2010) (an eminent domain claimant may demand a jury trial to determine the compensation due, if any).”
State Dept. of Highways, Etc. v. Ogden, 638 P.2d 832 (Colo. Ct. App. 1981).
· cites it 3× “Section 38-1-106, C.R.S.1973, provides: "The owner of property involved in any proceeding brought under the provisions of this article, .”
Kobobel v. State Dept. of Nat. Resources, 249 P.3d 1127 (Colo. 2011).
· cites it 4× “§ 38-1-106, C.R.S. (2010) (an eminent domain claimant may demand a jury trial to determine the compensation due, if any).”
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