(1) As soon as a condemning authority determines that it intends to acquire an interest in property, it shall give notice of such intent, together with a description of the property interest to be acquired, to anyone having an interest of record in the property involved. If the property has an estimated value of five thousand dollars or more, such notice shall advise that the condemning authority shall pay the reasonable costs of an appraisal pursuant to subsection (2) of this section. Such notice, however, need not be given to any of such persons who cannot be found by the condemning authority upon the exercise of due diligence. Upon receipt of such notice, such persons may employ an appraiser of their choosing to appraise the property interest to be acquired. Such appraisal shall be made using sound, fair, and recognized appraisal practices which are consistent with law. The value of the land or property actually taken shall be the fair market value thereof. Within ninety days of the date of such notice, such persons may submit to the condemning authority a copy of such appraisal. The condemning authority immediately upon receipt thereof shall submit to such persons copies of its appraisals. If the property interest is being acquired in relation to a federal aid project, then the appraisals submitted by the condemning authority shall be those which have been approved by it pursuant to applicable statutes and regulations, if such approval is required. All of these appraisals may be used by the parties to negotiate in good faith for the acquisition of the property interest, but neither the condemning authority nor such persons shall be bound by such appraisals.
(2) If an appraisal is submitted to the condemning authority in accordance with the provisions of subsection (1) of this section, the condemning authority shall pay the reasonable costs of such appraisal. If more than one person is interested in the property sought to be acquired and such persons cannot agree on an appraisal to be submitted under subsection (1) of this section, the condemning authority shall be relieved of any obligation herein imposed upon it to pay for such appraisals as may be submitted to it pursuant to this section.
(3) Nothing in this section shall be construed as in any way limiting the obligation of the condemning authority to negotiate in good faith for the acquisition of any property interest sought prior to instituting eminent domain proceedings or as in any way limiting the discovery rights of parties to eminent domain proceedings.
(4) Nothing in this section shall prevent the condemning authority from complying with federal and state requirements to qualify the authority for federal aid grants.
(5) Nothing in this section shall be construed to limit the right of the condemning agency to institute eminent domain proceedings or to obtain immediate possession of property as permitted by law; except that an eminent domain proceeding may not proceed to trial on the issue of valuation until the ninety-day period provided in subsection (1) of this section has expired or the owner's appraisal has been submitted to the condemning authority, whichever is sooner.
(6) If the parties involved in the negotiations fail to reach agreement on the fair market value of the property being acquired, the condemning authority, prior to proceeding to trial on the issue of valuation, shall furnish all owners of record a written final offer.
Source: L. 75: Entire section added, p. 1405, § 1, effective July 18. L. 78: (1) and (5) amended, p. 274, § 100, effective May 23. L. 85: (1) amended and (6) added, p. 1194, § 5, effective June 6.
Notes of Decisions
Cited in
16
cases (
1 in the last 5 years), 1978–2026 · leading case:
Bly v. Story, 241 P.3d 529 (Colo. 2010).
Bly v. Story, 241 P.3d 529 (Colo. 2010).
· cites it 4× “§ 38-1-121(1), C.R.S. (2010). The evidentiary rules applicable to a trial for an award of just compensation are expansive, and all evidence relevant to the determination of market value of the condemned property is admissible.”
City & Cnty. of Denver v. Eat Out, Inc., 75 P.3d 1141 (Colo. Ct. App. 2003).
· cites it 12× “Tenant asserts that the trial court erred in concluding that because tenant's lease was not recorded, the city was not required to make a good faith offer to it pursuant to § 38-1-121, C.R.8.2002. We disagree. Our review of a trial court's interpretation of a statute is de novo.”
City of Holyoke v. Schlachter Farms R.L.L.P., 22 P.3d 960 (Colo. Ct. App. 2001).
· cites it 3× “1992)(construing § 38-1-121). To date, Colorado appellate court decisions have addressed the good faith negotiation requirement only where a landowner has either rejected or not responded to the initial offer of a condemning authority.”
City of Colorado Springs v. Andersen Mahon Enter., LLP, 260 P.3d 29 (Colo. Ct. App. 2010).
· cites it 7× “Third, Andersen Mahon contends that after Lipson was decided, the General Assembly amended the language of section 38-1-121(1), C.R.S.2009, to require a condemning authority to give notice of its intent to acquire a property "[als soon as" it determines that "it intends to…”
E-470 Pub. High. Auth. v. Kortum Inv. Co., LLLP, 121 P.3d 331 (Colo. Ct. App. 2005).
· cites it 2× “2004 (tying cost awards to a party’s acceptance or rejection of a settlement offer made “at any time *334 more than fourteen days before the commencement of the trial”); § 38-1-121(6), C.R.S.2004 (requiring condemning authority, where negotiations have failed to reach agreement…”
View Co. v. Town of Monument, 2020 CO 52 (Colo. 2020).
· cites it 3× “” § 38-1-121(1), C.R.S. (2019). • Serve a summons and copies of the pleadings to all parties.”
Bd. of Cnty. Commissioners v. Blosser, 844 P.2d 1237 (Colo. Ct. App. 1992).
· cites it 8× “The landowners countered with a motion to dismiss alleging that the County had failed to negotiate in good faith pursuant to § 38-1-121, C.R.S. (1991 Cum.Supp.) Following an evidentiary hearing, the trial court ruled that the County had not negotiated in good faith because it…”
Steamboat Lake Water & Sanitation Dist. v. Halvorson, 252 P.3d 497 (Colo. Ct. App. 2011).
· cites it 2× “A condemning authority is required to negotiate in good faith for the purchase of the property prior to instituting eminent domain proceedings, § 38-1-121(3), (6), C.R.S. 2010, and, thus, if the Halvorsons were successful on the merits of this argument, it would call into…”
Town of Silverthorne v. Lutz, 2016 COA 17 (Colo. Ct. App. 2016).
· cites it 4× “2015, which says eminent domain proceedings cannot be instituted unless compensation for the property “cannot be agreed upon by the parties interested”); see also § 38-1-121(3), C.R.S. 2015 (The condemning authority must “negotiate in good faith for the acquisition of any…”
City of Colorado Springs v. Berl, 658 P.2d 280 (Colo. Ct. App. 1982).
· cites it 2× “The City argues the trial court’s order assessing costs of these appraisals against the City violates § 38-1-121, C.R.S.1973, (1981 Cum.Supp.), because respondents did not submit copies of the appraisals to the City.”
— Colo. Rev. Stat. § 38-1-121(1) — 5 cases
Bly v. Story, 241 P.3d 529 (Colo. 2010).
“§ 38-1-121(1), C.R.S. (2010). The evidentiary rules applicable to a trial for an award of just compensation are expansive, and all evidence relevant to the determination of market value of the condemned property is admissible.”
City of Colorado Springs v. Andersen Mahon Enter., LLP, 260 P.3d 29 (Colo. Ct. App. 2010).
“Third, Andersen Mahon contends that after Lipson was decided, the General Assembly amended the language of section 38-1-121(1), C.R.S.2009, to require a condemning authority to give notice of its intent to acquire a property "[als soon as" it determines that "it intends to…”
City & Cnty. of Denver v. Eat Out, Inc., 75 P.3d 1141 (Colo. Ct. App. 2003).
“Tenant asserts that the trial court erred in concluding that because tenant's lease was not recorded, the city was not required to make a good faith offer to it pursuant to § 38-1-121, C.R.8.2002. We disagree. Our review of a trial court's interpretation of a statute is de novo.”
View Co. v. Town of Monument, 2020 CO 52 (Colo. 2020).
“” § 38-1-121(1), C.R.S. (2019). • Serve a summons and copies of the pleadings to all parties.”
Bd. of Cnty. Commissioners v. Blosser, 844 P.2d 1237 (Colo. Ct. App. 1992).
“The landowners countered with a motion to dismiss alleging that the County had failed to negotiate in good faith pursuant to § 38-1-121, C.R.S. (1991 Cum.Supp.) Following an evidentiary hearing, the trial court ruled that the County had not negotiated in good faith because it…”
— Colo. Rev. Stat. § 38-1-121(3) — 6 cases
View Co. v. Town of Monument, 2020 CO 52 (Colo. 2020).
“” § 38-1-121(1), C.R.S. (2019). • Serve a summons and copies of the pleadings to all parties.”
Steamboat Lake Water & Sanitation Dist. v. Halvorson, 252 P.3d 497 (Colo. Ct. App. 2011).
“A condemning authority is required to negotiate in good faith for the purchase of the property prior to instituting eminent domain proceedings, § 38-1-121(3), (6), C.R.S. 2010, and, thus, if the Halvorsons were successful on the merits of this argument, it would call into…”
Bd. of Cnty. Commissioners v. Blosser, 844 P.2d 1237 (Colo. Ct. App. 1992).
“The landowners countered with a motion to dismiss alleging that the County had failed to negotiate in good faith pursuant to § 38-1-121, C.R.S. (1991 Cum.Supp.) Following an evidentiary hearing, the trial court ruled that the County had not negotiated in good faith because it…”
Town of Silverthorne v. Lutz, 2016 COA 17 (Colo. Ct. App. 2016).
“2015, which says eminent domain proceedings cannot be instituted unless compensation for the property “cannot be agreed upon by the parties interested”); see also § 38-1-121(3), C.R.S. 2015 (The condemning authority must “negotiate in good faith for the acquisition of any…”
— Colo. Rev. Stat. § 38-1-121(6) — 2 cases
E-470 Pub. High. Auth. v. Kortum Inv. Co., LLLP, 121 P.3d 331 (Colo. Ct. App. 2005).
“2004 (tying cost awards to a party’s acceptance or rejection of a settlement offer made “at any time *334 more than fourteen days before the commencement of the trial”); § 38-1-121(6), C.R.S.2004 (requiring condemning authority, where negotiations have failed to reach agreement…”
View Co. v. Town of Monument, 2020 CO 52 (Colo. 2020).
“” § 38-1-121(1), C.R.S. (2019). • Serve a summons and copies of the pleadings to all parties.”
— Colo. Rev. Stat. § 38-1-121(8) — 4 cases
City & Cnty. of Denver v. Eat Out, Inc., 75 P.3d 1141 (Colo. Ct. App. 2003).
“Tenant asserts that the trial court erred in concluding that because tenant's lease was not recorded, the city was not required to make a good faith offer to it pursuant to § 38-1-121, C.R.8.2002. We disagree. Our review of a trial court's interpretation of a statute is de novo.”
City of Holyoke v. Schlachter Farms R.L.L.P., 22 P.3d 960 (Colo. Ct. App. 2001).
“1992)(construing § 38-1-121). To date, Colorado appellate court decisions have addressed the good faith negotiation requirement only where a landowner has either rejected or not responded to the initial offer of a condemning authority.”
Steamboat Lake Water & Sanitation Dist. v. Halvorson, 252 P.3d 497 (Colo. Ct. App. 2011).
“A condemning authority is required to negotiate in good faith for the purchase of the property prior to instituting eminent domain proceedings, § 38-1-121(3), (6), C.R.S. 2010, and, thus, if the Halvorsons were successful on the merits of this argument, it would call into…”
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