(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.
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.
Structure Colorado Code
Title 38 - Property - Real and Personal
Part 1 - Proceedings - Requirements and Limitations - Determination of Just Compensation
§ 38-1-101.5. Necessity of Taking Land for Pipelines
§ 38-1-101.7. Limitations on the Use of Right-of-Way
§ 38-1-102. Petition - Contents - Parties
§ 38-1-103. Summons - Return - Publication
§ 38-1-104. Trial - Amendments - Rules
§ 38-1-105. Adjournment - Commission - Compensation - Defective Title - Withdrawal of Deposit
§ 38-1-107. Inspection of Premises - Expenses - Verdict
§ 38-1-108. Order of Possession
§ 38-1-109. Intervention - Cross Petition
§ 38-1-111. Possession Pending Appeal
§ 38-1-112. Payment to Clerk or Owner
§ 38-1-114. Formula for Computing Compensation - Definitions
§ 38-1-115. Contents of Report or Verdict
§ 38-1-117. Condemnation of Personal Property
§ 38-1-118. Evidence Concerning Value of Property
§ 38-1-119. Preference on Docket
§ 38-1-120. Acquisition of State Lands - Department of Natural Resources