The court in which said action is
brought may appoint the county surveyor or, if there is no county surveyor or if the court deems
it in the best interest of the parties, shall appoint a commission of one or more disinterested
surveyors who, at a date and place fixed by the court in the order of appointment, shall proceed
to locate the lost, destroyed, or disputed corners and boundaries.
Source: L. 07: p. 287, § 4. Code 08: § 300. Code 21: § 301. Code 35: § 301. CRS 53: §
118-11-4. C.R.S. 1963: § 118-11-4. L. 79: Entire section amended, p. 479, § 5, effective July 1.
Notes of Decisions
Hildebrand v. Olinger, 689 P.2d 695 (Colo. Ct. App. 1984).
· cites it 2× “In September 1980, the trial court appointed a registered surveyor as commissioner pursuant to § 38-44-104, C.R.S. (1982 Repl.Vol.16A), to prepare a survey report and map to aid the court in determining the disputed boundary.”
Brewster v. Nandrea, 705 P.2d 1 (Colo. 1985).
· cites it 2× “Section 38-44-104 provides for the court to appoint one or more surveyors as a boundary commission "to locate the lost, destroyed, or disputed corners or boundaries.”
Ciocian v. Vail Corp., 251 P.3d 1130 (Colo. Ct. App. 2010).
· cites it 2× “" § 38-44-104(2), C.R.S8.2010. The trial court correctly noted that section 33-44-107(6) "does not explicitly or implicitly require a certain number, specific placement or distance between ski area boundary signs.”
Colo. Rev. Stat. § 38-44-104(2): 1 case
Ciocian v. Vail Corp., 251 P.3d 1130 (Colo. Ct. App. 2010).
“" § 38-44-104(2), C.R.S8.2010. The trial court correctly noted that section 33-44-107(6) "does not explicitly or implicitly require a certain number, specific placement or distance between ski area boundary signs.”
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