(I) Damages to compensate the party losing title to the adverse possessor for the loss of the property measured by the actual value of the property as determined by the county assessor as of the most recent valuation for property tax purposes. If the property lost has not been separately taxed or assessed from the remainder of the property of the party losing title to the adverse possessor, the court shall equitably apportion the actual value of the property to the portion of the owner's property lost by adverse possession including, as appropriate, taking into account the nature and character of the property lost and of the remainder.
(II) An amount to reimburse the party losing title to the adverse possessor for all or a part of the property taxes and other assessments levied against and paid by the party losing title to the adverse possessor for the period commencing eighteen years prior to the commencement of the adverse possession action and expiring on the date of the award or entry of final nonappealable judgment, whichever is later. If the property lost has not been separately taxed or assessed from the remainder of the property of the party losing title to the adverse possessor, such reimbursement shall equitably apportion the amount of the reimbursement to the portion of the owner's property lost by adverse possession, including, as appropriate, taking into account the nature and character of the property lost and of the remainder. The amount of the award shall bear interest at the statutory rate from the dates on which the party losing title to the adverse possessor made payment of the reimbursable taxes and assessments.
Source: L. 27: p. 598, § 30. CSA: C. 40, § 136. CRS 53: § 118-7-1. C.R.S. 1963: § 118-7-1. L. 67: p. 351, § 1. L. 2008: (3), (4), and (5) added, p. 668, § 1, effective July 1.
Cross references: For the effect of this section of registration of land under the Torrens title system, see § 38-36-137.
Structure Colorado Code
Title 38 - Property - Real and Personal
Article 41 - Limitations - Homestead Exemptions
Part 1 - Limitation of Actions Affecting Real Property
§ 38-41-101. Limitation of Eighteen Years
§ 38-41-103. Evidence of Adverse Possession
§ 38-41-104. Time to Make an Entry or Bring an Action to Recover Land
§ 38-41-105. Abstract of Title Prima Facie Evidence
§ 38-41-106. Limitation Seven Years - Possession Under Official and Judicial Conveyance or Orders
§ 38-41-108. Rights in Possession Seven Years - Color of Title and Payment of Taxes
§ 38-41-109. When in Possession Under Color of Title - Unoccupied Lands
§ 38-41-110. Payment of Delinquent Taxes by Owner of Less Than Whole Property
§ 38-41-111. When Action Will Not Lie Against Person in Possession
§ 38-41-112. Legal Disability - Extension of Two Years
§ 38-41-113. Limitations May Be Asserted Affirmatively or by Way of Defense
§ 38-41-114. When Limitations Apply
§ 38-41-115. Setting Aside Judgments Against Unknown Parties
§ 38-41-116. Actions to Enforce Contracts of Sale
§ 38-41-117. Actions to Enforce Bonds for Deeds