(1) If the court finds that a petitioner is not authorized by law to acquire real property or interests therein sought in a condemnation proceeding, it shall award reasonable attorney fees, in addition to any other costs assessed, to the property owner who participated in the proceedings.
(1.5) In connection with proceedings for the acquisition or condemnation of property in which the award determined by the court exceeds ten thousand dollars, in addition to any compensation awarded to the owner in an eminent domain proceeding, the condemning authority shall reimburse the owner whose property is being acquired or condemned for all of the owner's reasonable attorney fees incurred by the owner where the award by the court in the proceedings equals or exceeds one hundred thirty percent of the last written offer given to the property owner prior to the filing of the condemnation action. The provisions of this subsection (1.5) shall not apply to any condemnation proceeding seeking to acquire rights-of-way under article 4, 5, or 5.5 of this title, article 45 of title 37, C.R.S., or section 7 of article XVI of the Colorado constitution.
(2) Nothing in subsection (1) of this section shall be construed as limiting the ability of a property owner to recover just compensation, including attorney fees, as may otherwise be authorized by law.
Source: L. 85: Entire section added, p. 1195, § 6, effective June 6. L. 2003: (1.5) added, p. 2669, § 2, effective July 1.
Cross references: For the legislative declaration in the 2003 act adding subsection (1.5), see section 1 of chapter 421, Session Laws of Colorado 2003.
PART 2 GOVERNMENTAL ENTITIES, INDIVIDUALS, AND CORPORATIONS AUTHORIZED TO EXERCISE THE POWER OF EMINENT DOMAIN
Notes of Decisions
Sch. Dist. No. 12 v. Sec. Life of Denver Ins. Co., 185 P.3d 781 (Colo. 2008).
· cites it 42× “Under section 38-1-122(1.5), C.R.S. (2007), a landowner is entitled to attorney fees if the condemnation award equals or exceeds 130 percent of the last written offer given to the landowner prior to the filing of the condemnation proceeding.”
v. Scott, 2019 COA 154 (Colo. Ct. App. 2019).
· cites it 10× “121, section 1-22(2)(b) requires that a written fee agreement, or some other materials evidencing the fee agreement, accompany every motion for attorney fees and costs brought under section 38-1-122(1), C.R.S. 2019. We conclude that C.”
Town of Telluride v. San Miguel Valley Corp., 197 P.3d 261 (Colo. Ct. App. 2008).
· cites it 27× “The sole issue in this appeal is whether the trial court erred in concluding the attorney fees and costs that Landowners incurred in challenging Telluride's authority to condemn Landowners' property were not recoverable under section 38-1-122(1.5), C.R.S.2008. We conclude the…”
Akin v. Four Corners Encampment, 179 P.3d 139 (Colo. Ct. App. 2007).
· cites it 6× “Respondents filed motions for attorney fees and costs pursuant to § 38-1-122 in accordance with the procedure established by C.”
City of Holyoke v. Schlachter Farms R.L.L.P., 22 P.3d 960 (Colo. Ct. App. 2001).
· cites it 6× “Parkville Water District, supra, in light of the General Assembly's subsequent enactment of § 38-1-122. Consequently, that decision is binding upon us.”
Sinclair Transp. Co. v. Sandberg, 350 P.3d 915 (Colo. Ct. App. 2014).
· cites it 7× “{8 The landowners requested attorney fees and costs under section 38-1-122, C.R.S. 2013, which directs a district court to award fees and costs to a property owner if "[it] finds that a petitioner is not authorized by law to acquire real property or interests therein sought in a…”
Sheridan Redevelopment Agency v. Knightsbridge Land Co., 166 P.3d 259 (Colo. Ct. App. 2007).
· cites it 3× “Section 38-1-122(1), C.R.S.2006, provides: If the court finds that a petitioner is not authorized by law to acquire real property or interests therein sought in a condemnation proceeding, it shall award reasonable attorney fees, in addition to any other costs assessed, to the…”
Platte River Power Auth. v. Nelson, 775 P.2d 82 (Colo. Ct. App. 1989).
· cites it 6× “Platte River argues that the dismissal of the condemnation action failed to constitute a finding pursuant to § 38-1-122, C.R.S. (1988 Cum.Supp.) that Platte River was “not authorized by law to acquire real property or interests therein sought in a condemnation proceeding.”
12 CAW Equities v. City of Greenwood Vill., 2018 COA 42 (Colo. Ct. App. 2018).
· cites it 16× “Application ¶ 40 CAW does not challenge on appeal the reasonableness of the attorney fees awarded by the district court, but only the court’s legal basis for ordering them under section 38-1-122. It contends that the phrase “not authorized by law” “should not be read so broadly…”
Fowler Irrevocable Trust 1992-1 v. City of Boulder, 992 P.2d 1188 (Colo. Ct. App. 2000).
· cites it 6× “In contrast, as , a part of its appeal, Fowler argues that the trial court erred by refusing to award it attorneys fees pursuant to § 38-1-122, C.R.S.1998. We disagree with this assertion.”
Billington v. Yust, 789 P.2d 196 (Colo. Ct. App. 1989).
· cites it 6× “Based upon the trial court’s determination, the Yusts sought an award of attorney fees under § 38-1-122(1), C.R.S. (1988 Cum.Supp.). That statute provides, in pertinent part: “If the court finds that a petitioner is not authorized by law to acquire real property or interests…”
— Colo. Rev. Stat. § 38-1-122(1) — 15 cases
v. Scott, 2019 COA 154 (Colo. Ct. App. 2019).
“121, section 1-22(2)(b) requires that a written fee agreement, or some other materials evidencing the fee agreement, accompany every motion for attorney fees and costs brought under section 38-1-122(1), C.R.S. 2019. We conclude that C.”
Town of Telluride v. San Miguel Valley Corp., 197 P.3d 261 (Colo. Ct. App. 2008).
“The sole issue in this appeal is whether the trial court erred in concluding the attorney fees and costs that Landowners incurred in challenging Telluride's authority to condemn Landowners' property were not recoverable under section 38-1-122(1.5), C.R.S.2008. We conclude the…”
Akin v. Four Corners Encampment, 179 P.3d 139 (Colo. Ct. App. 2007).
“Respondents filed motions for attorney fees and costs pursuant to § 38-1-122 in accordance with the procedure established by C.”
Sheridan Redevelopment Agency v. Knightsbridge Land Co., 166 P.3d 259 (Colo. Ct. App. 2007).
“Section 38-1-122(1), C.R.S.2006, provides: If the court finds that a petitioner is not authorized by law to acquire real property or interests therein sought in a condemnation proceeding, it shall award reasonable attorney fees, in addition to any other costs assessed, to the…”
12 CAW Equities v. City of Greenwood Vill., 2018 COA 42 (Colo. Ct. App. 2018).
“Application ¶ 40 CAW does not challenge on appeal the reasonableness of the attorney fees awarded by the district court, but only the court’s legal basis for ordering them under section 38-1-122. It contends that the phrase “not authorized by law” “should not be read so broadly…”
— Colo. Rev. Stat. § 38-1-122(2) — 2 cases
City of Holyoke v. Schlachter Farms R.L.L.P., 22 P.3d 960 (Colo. Ct. App. 2001).
“Parkville Water District, supra, in light of the General Assembly's subsequent enactment of § 38-1-122. Consequently, that decision is binding upon us.”
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