Colo. Rev. Stat. » Title 38

Colo. Rev. Stat. § 38-28-107

Sale of property - notice

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If the commissioners report and the court finds that partition of the property cannot be made without manifest prejudice to the rights of any interested party, the court may direct the sale of such property at public sale upon such terms as the court may fix. Notice of such sale shall be given in the same manner as may be required by law for sales of real estate upon execution.

Source: L. 49: p. 545, § 7. CSA: C. 122, § 30. CRS 53: § 103-1-7. C.R.S. 1963: § 103- 1-7.

Cross references: For sale of real estate upon execution, see § 13-56-201.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1980–2024 · leading case: First National Bank v. Energy Fuels Corp.
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First National Bank v. Energy Fuels Corp. (1980) colo · cites it 6× “Section 38-28-107, C.R.S. 1973. A judgment creditor must recognize that his rights against one joint tenant do not grant him the right to levy an execution against the other joint tenants.”
Young Properties v. Wolflick (2003) coloctapp · cites it 3× “Section 38-28-107 authorizes partition by public sale only after a showing of manifest prejudice: If the commissioners report and the court finds that partition of the property cannot *238 be made without manifest prejudice to the rights of any interested party, the court may…”
Beach v. Beach (2002) coloctapp · cites it 5× “Instead, the court ordered that the land be sold pursuant to § 38-28-107, C.R.S.2001, which provides: "[IJf .”
Federal Deposit Insurance Corp. v. Mars (1991) coloctapp · cites it 3× “Under § 38-28-107, C.R.S. (1982 Repl.Vol. 16A), if the court finds that partition of the property “cannot be made without manifest prejudice to the rights of any interested party, the court may direct the sale of such property at public sale upon such terms as the court may fix.”
FSDW, LLC v. First Nat. Bank (2004) coloctapp · cites it 2× “It sought the appointment of a disinterested commissioner who would sell the property at a public sale pursuant to § 38-28-107, C.R.S.2003. Plaintiff named several parties as defendants, most of whom (the trust defendants) were represented by the same attorney.”
Ark Land Co. v. Harper (2004) wva · cites it 2× “820 (West 1980); Colo.Rev.Stat. § 38-28-107 (Bradford 2002); Conn.”
McNamara v. Mossman (2010) coloctapp · cites it 3× “§ 38-28-107, C.R.S.2009; Wolflick, 87 P.3d at 238 .”
Bonati v. KDSW (2024) coloctapp · cites it 5× “Their primary argument appears to be that such a sale is not a “public sale” within the meaning of section 38-28-107, C.R.S. 2024, and thus, was not authorized by statute.”
FSDW, LLC v. First National Bank (2004) coloctapp · cites it 2× “It sought the appointment of a disinterested commissioner who would sell the property at a public sale pursuant to § 38-28-107, C.R.S.2003. Plaintiff named several parties as defendants, most of whom (the trust defendants) were represented by the same attorney.”
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.