Relocation Assistance and Land Acquisition Policies

C.R.S. tit. 24, art. 56
in effect

C.R.S. § 24-56-101 Legislative declaration - relocation assistance

24-56-101. Legislative declaration - relocation assistance. The general assembly finds and declares that the purpose of sections 24-56-102 to 24-56-113 is to establish a uniform policy for the fair and equitable treatment of persons displaced by the acquisition of real property by state agencies and political subdivisions of the state for federally assisted programs and projects and to comply with the federal "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970", as amended, and the federal "Surface Transportation and Uniform Relocation Assistance Act of 1987", as amended. The general assembly also recognizes that the federally assisted acquisition of real property by the department of transportation and by municipalities and counties for highway programs and projects is requiring citizens to relocate their residences, farms, and businesses. The general assembly finds and declares that the authority of the department of transportation concerning the equitable relocation and implementation of relocation payments and advisory assistance for highway projects on the state highway system contained in part 3 of article 1 of title 43, C.R.S., prior to March 31, 1989, and as amended, are included in this article to assure the consistent and uniform application of relocation policy for all federally assisted programs, to promote the efficient operation of the highway right-of-way acquisition program, and to define the authority and responsibility of the department of transportation and of municipalities and counties for all acquisitions and relocation for federally assisted highway programs and projects within their respective jurisdictions. Such policy shall be uniform as to relocation payments, advisory assistance, assurance of availability of standard housing, and state reimbursement for local relocation payments where state assistance may be authorized by law.

C.R.S. § 24-56-102 Definitions

24-56-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Business" means any lawful activity, except a farm operation, conducted primarily: (a) For the purchase, sale, lease, and rental of personal and real property and for the manufacture, processing, or marketing of products, commodities, or any other personal property; (b) For the sale of services to the public; (c) By a nonprofit organization; or (d) Solely for the purposes of section 24-56-103 (1), for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the activities described in this paragraph (d) are conducted. (1.2) "Comparable replacement dwelling" means any dwelling that is: (a) Decent, safe, and sanitary; (b) Adequate in size to accommodate the occupants; (c) Within the financial means of the displaced person; (d) Functionally equivalent; (e) In an area not subject to unreasonably adverse environmental conditions; and (f) In a location generally not less desirable than the location of the displaced person's dwelling with respect to public utilities, facilities, and services and the displaced person's place of employment. (2) (a) "Displaced person" means, except as provided in paragraph (b) of this subsection (2): (I) Any person who moves from real property or moves his personal property from real property: (A) As a direct result of a written notice of intent to acquire or the acquisition of such real property in whole or in part for a program or project undertaken by a displacing agency; or (B) On which such person is a residential tenant or conducts a small business, a farm operation, as defined in subsection (3) of this section, or a business, as defined in subsection (1) of this section, as a direct result of rehabilitation, demolition, or such other displacing activity as the department of transportation may prescribe under a program or project undertaken by a displacing agency in any case in which the displacing agency determines that such displacement is permanent; and (II) Solely for the purposes of sections 24-56-103 (1) and (2) and 24-56-106, any person who moves from real property or moves his personal property from real property: (A) As a direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which such person conducts a business or farm operation, for a program or project undertaken by a displacing agency; or (B) As a direct result of rehabilitation, demolition, or such other displacing activity as the department of transportation may prescribe, of other real property on which such person conducts a business or a farm operation, under a program or project undertaken by a displacing agency where the displacing agency determines that such displacement is permanent. undertaken by a displacing agency; or (B) As a direct result of rehabilitation, demolition, or such other displacing activity as the department of transportation may prescribe, of other real property on which such person conducts a business or a farm operation, under a program or project undertaken by a displacing agency where the displacing agency determines that such displacement is permanent. (b) "Displaced person" does not include: (I) A person who has been determined, according to criteria established by the department of transportation, to be either unlawfully occupying the displacement dwelling or to have occupied such dwelling for the purpose of obtaining assistance under this article. (II) In any case in which the displacing agency acquires property for a program or project, any person (other than a person who was an occupant of such property at the time it was acquired) who occupies such property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project. (2.3) "Displacing agency" means the state or a state agency carrying out a program or project or any person carrying out a program or project with federal financial assistance which causes a person to be a displaced person. (3) "Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. (4) "Nonprofit organization" means any organization which is exempt from the income tax imposed under article 22 of title 39, C.R.S. (5) "Person" means any individual, limited liability company, partnership, corporation, or association. (6) "State agency" means any department, agency, or instrumentality of the state or of a political subdivision of the state or any department, agency, or instrumentality of two or more states, or two or more political subdivisions of the state or states and also means any person who has authority to acquire property by eminent domain under state law.

C.R.S. § 24-56-103 Moving and related expenses

24-56-103. Moving and related expenses. (1) Whenever a program or project to be undertaken by a displacing agency will result in the displacement of any person, the displacing agency shall provide for the payment of: (a) Actual reasonable expenses in moving himself, his family, business, farm operation, or other personal property; (b) Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the displacing agency; (c) Actual reasonable expenses in searching for a replacement business or farm; and (d) Actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization, or small business at its new site in accordance with criteria to be established by the department of transportation, but no more than: (I) For a project administered or overseen by the department of transportation, fifty thousand dollars; (II) For any other project, ten thousand dollars. (2) Any displaced person eligible for payments under subsection (1) of this section who is displaced from a dwelling and who elects to accept the payments authorized by this subsection (2) in lieu of the payments authorized by subsection (1) of this section may receive a moving expense allowance determined according to a schedule established by the displacing agency. (3) Any displaced person eligible for payments under subsection (1) of this section who is displaced from the person's place of business or farm operation and who is eligible under regulations established by the department of transportation may elect to accept the payment authorized by this subsection (3) in lieu of the payment authorized by subsection (1) of this section. Such payment shall consist of a fixed payment in an amount to be determined according to regulations established by the department of transportation; except that such payment shall not be less than one thousand dollars nor more than twenty thousand dollars. A person whose sole business at the displacement dwelling is the rental of such property to others shall not qualify for a payment under this subsection (3).

C.R.S. § 24-56-104 Replacement housing for homeowners

24-56-104. Replacement housing for homeowners. (1) In addition to payments otherwise authorized by this article, the displacing agency shall make an additional payment not in excess of twenty-two thousand five hundred dollars to any displaced person who is displaced from a dwelling actually owned and occupied by such displaced person for not less than one hundred eighty days prior to the initiation of negotiations for the acquisition of the property. Such additional payment shall include the following elements: (a) The amount, if any, which when added to the acquisition cost of the dwelling acquired equals the reasonable cost of a comparable replacement dwelling. All determinations required to carry out this paragraph (a) shall be determined by regulations issued pursuant to section 24-56-108. (b) The amount, if any, which will compensate such displaced person for any increased interest costs and other debt service costs which such person is required to pay for financing the acquisition of any such comparable replacement dwelling. Such amount shall be paid only if the dwelling acquired by the displacing agency was encumbered by a bona fide mortgage or deed of trust which was a valid lien on such dwelling for not less than one hundred eighty days immediately prior to the initiation of negotiations for the acquisition of such dwelling. (c) Reasonable expenses incurred by such displaced person for evidence of title, recording fees, and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses. (2) The additional payment authorized by this section shall be made only to such a displaced person who purchases and occupies a replacement dwelling which is decent, safe, and sanitary not later than the end of the one-year period beginning on the date on which he receives final payment of all costs of the acquired dwelling or on the date on which he moves from the acquired dwelling, whichever is the later date; except that the displacing agency may extend such period for good cause. If such period is extended, the payment under this section shall be based on the costs of relocating the person to a comparable replacement dwelling within one year of such date.

C.R.S. § 24-56-105 Replacement housing for tenants and certain others

24-56-105. Replacement housing for tenants and certain others. (1) In addition to amounts otherwise authorized by this article, a displacing agency shall make a payment to or for any displaced person displaced from any dwelling who is not eligible to receive a payment under section 24-56-104, which dwelling was actually and lawfully occupied by such displaced person for not less than ninety days prior to the initiation of negotiations for acquisition of such dwelling, or, in any case in which displacement is not a direct result of acquisition, such other event as the department of transportation may, within the purpose of this article, prescribe. Payment authorized by this section shall be made only to such a displaced person who leases and occupies a decent, safe, and sanitary replacement dwelling within one year after the date that such displaced person vacates the acquired dwelling. The payment shall consist of the amount necessary to enable the person to lease or rent, for a period of no longer than forty-two months, a comparable replacement dwelling, but no more than five thousand two hundred fifty dollars. At the discretion of the displacing agency, a payment under this subsection (1) may be made in periodic installments. Computation of a payment under this subsection (1) to or for a low-income displaced person for a comparable replacement dwelling shall take into account the person's income. (2) Any person eligible for a payment under subsection (1) of this section may elect to apply such payment to a down payment on, and other incidental expenses for, the purchase of a decent, safe, and sanitary replacement dwelling. Any such person may, at the discretion of the displacing agency, be eligible under this subsection (2) for the maximum amount allowed under subsection (1) of this section; except that, in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least ninety days but not more than one hundred eighty days immediately prior to the initiation of negotiations for the acquisition of such dwelling, such payment shall not be greater than the payment such person would otherwise have received under section 24-56-104 (1) had the person owned and occupied the displacement dwelling one hundred eighty days immediately prior to the initiation of such negotiations.

C.R.S. § 24-56-106 Relocation assistance advisory programs

24-56-106. Relocation assistance advisory programs. (1) Whenever a displacing agency acquires real property for a program or project for which federal financial assistance will be available to pay all or any part of the cost of the program or project and such acquisition will result in the displacement of any person, the acquiring agency shall provide a relocation assistance advisory program for displaced persons which offers the services prescribed in this section. If the acquiring agency determines that any person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, it may offer such person relocation advisory services under such program. (2) Each relocation assistance program required by subsection (1) of this section shall include such measures, facilities, or services as may be necessary or appropriate in order to determine, and make timely recommendations on, the needs and preferences, if any, of displaced persons, business concerns, and nonprofit organizations for relocation assistance; to assist owners of displaced businesses and farm operations in obtaining and becoming established in suitable business locations or replacement farms; to supply information concerning programs of the federal, state, and local governments offering assistance to displaced persons and business concerns and technical assistance to such persons in applying for assistance under such programs; to provide current and continuing information on the availability, sales prices, and rental charges of comparable replacement dwellings for displaced homeowners and tenants and suitable locations for businesses and farm operations; to assist in minimizing hardships to displaced persons in adjusting to relocation; and to secure, to the greatest extent practicable, the coordination of relocation activities with other project activities and other planned or proposed governmental actions in the community or nearby areas which may affect the carrying out of the relocation program. (3) Notwithstanding the provisions of section 24-56-102 (2)(b)(II), in any case in which a displacing agency acquires property for a program or project, any person who occupies such property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project shall be eligible for advisory services to the extent determined by the displacing agency.

C.R.S. § 24-56-107 Assurance of availability of standard housing

24-56-107. Assurance of availability of standard housing. (1) Whenever a displacing agency acquires real property for a program or project for which federal financial assistance will be available to pay all or any part of the cost of the program or project and such acquisition will result in the displacement of any person, upon recommendation or approval of the displacing agency, such agency shall assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling; except that regulations issued pursuant to section 24-56-108 may prescribe situations when these assurances may be waived. (2) If a program or project for which federal financial assistance is available cannot proceed to actual construction because comparable replacement sale or rental housing is not available and the state agency determines that such housing cannot otherwise be made available, upon recommendation or approval of the displacing agency, the state agency may take such action as is necessary or appropriate to provide such housing by use of funds authorized for such project. The displacing agency may use this section to exceed the maximum amounts which can be paid by a displacing agency under sections 24-56-104 and 24-56-105 on a case-by-case basis for good cause shown as determined in accordance with regulations issued pursuant to section 24-56-108.

C.R.S. § 24-56-108 Authority of the department of local affairs

24-56-108. Authority of the department of local affairs. (1) The department of local affairs shall administer and implement the uniform policy for all relocation assistance for all nonhighway federally assisted programs and projects. (2) (a) Notwithstanding any provision of this article to the contrary, the department of transportation has the primary authority to administer acquisition and relocation assistance for all highway and highway-related programs or projects on the state highway system. The department of transportation also has authority to coordinate and administer acquisition and relocation assistance for all highway and highway-related programs or projects which are not on the state highway system to the extent provided in paragraph (b) of this subsection (2). (b) Each state agency has the primary authority to perform acquisition and relocation assistance within its jurisdiction for federally assisted highway and highway-related programs and projects for streets and roads which are not on the state highway system. In the event that the department of transportation, as the state agency responsible for monitoring and administering the use of federal highway funds, determines that such performance by another state agency will jeopardize distribution of federal highway assistance funds to the state or that such action is necessary to comply with federal highway administration policy or procedures, then the department of transportation has the authority to perform the acquisition and relocation assistance for any federally assisted highway or highway-related program or project for streets and roads which are not on the state highway system or to require that the state agency with jurisdiction for that highway program or project perform such acquisition and relocation assistance under the supervision and direction of the department of transportation. Prior to exercising the authority of this paragraph (b), the department of transportation will comply with procedures previously agreed to with the affected state agency, including, but not limited to, setting a contact person for the project, providing written notice of the basis of such determination or action, and meeting with the affected agency to discuss possible remedial measures. (3) The executive director of the department of transportation shall adopt such rules and regulations as may be necessary to assure: (a) That the payments and assistance authorized by this article are administered in a manner which is fair and reasonable and as uniform as practicable; (b) That a displaced person who makes proper application for a payment authorized for such person by this article is paid promptly after a move or, in hardship cases, paid in advance; and (c) That any person aggrieved by a determination as to eligibility for a payment authorized by this article or the amount of a payment may have his application reviewed by the head of the acquiring agency. (4) The department of transportation may use the provisions of this article for programs or projects on the state highway system funded from the state highway fund.

C.R.S. § 24-56-109 Administration

24-56-109. Administration. In order to prevent unnecessary expense and duplication of functions and to promote uniform and effective administration of relocation assistance programs for displaced persons, the executive director of the department of transportation may authorize any state agency to enter into contracts with any individual, firm, association, or corporation for services in connection with such programs or may carry out its functions under this article through any federal or state agency or instrumentality having an established organization for conducting relocation assistance programs.

C.R.S. § 24-56-110 Fund availability

24-56-110. Fund availability. Funds appropriated or otherwise available to any state agency for the acquisition of real property or any interest therein for a particular program or project shall be available also for obligation and expenditure to carry out the provisions of this article as applied to that program or project.

C.R.S. § 24-56-111 State participation in cost of local relocation payments and services

24-56-111. State participation in cost of local relocation payments and services. If any political subdivision of the state acquires real property and state financial assistance is available pursuant to law to pay the cost, in whole or part, of the acquisition of such real property or of the improvement for which such property is acquired, the cost to the political subdivision of the state of providing the payments and services prescribed by this article shall be included as part of the costs of the project for which state financial assistance is available to such political subdivision, and the political subdivision shall be eligible for state financial assistance in the same manner and to the same extent as other project costs.

C.R.S. § 24-56-112 Payments not to be considered as income or resources

24-56-112. Payments not to be considered as income or resources. No payment received by a displaced person under this article shall be considered as income or resources for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any state law or for the purposes of the Colorado income tax law or any other tax law of this state. Such payments shall not be considered as income or resources of any recipient of public assistance, and such payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled.

C.R.S. § 24-56-113 Appeal procedure

24-56-113. Appeal procedure. Any person or business concern aggrieved by a final administrative determination concerning eligibility for relocation payments authorized by this article may have such determination reviewed by the district court for the county in which the land taken for public use is located, in accordance with the provisions of section 24-4-106.

C.R.S. § 24-56-114 Expenses incidental to transfer of title

24-56-114. Expenses incidental to transfer of title. Any state agency or political subdivision of the state acquiring real property for a program or project for which federal financial assistance will be available to pay all or any part of the cost of the program or project shall, as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is the earlier, reimburse the owner to the extent the acquiring agency deems fair and reasonable for expenses he necessarily incurred for recording fees, transfer taxes, and similar expenses incidental to conveying such real property to the acquiring agency; penalty costs for prepayment for any preexisting recorded mortgage or deed of trust entered into in good faith encumbering such real property; and the pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the acquiring agency or the effective date of possession of such real property by the acquiring agency, whichever is the earlier.

C.R.S. § 24-56-115 Litigation expenses

24-56-115. Litigation expenses. Where a condemnation proceeding is instituted by a state agency or a political subdivision of the state to acquire real property for a purpose as set forth in section 24-56-114 and the final judgment is that the real property cannot be acquired by condemnation or that the proceeding is abandoned, the owner of any right, title, or interest in such real property shall be paid such sum as will, in the opinion of the court, reimburse such owner for his reasonable attorney, appraisal, and engineering fees actually incurred because of the condemnation proceedings. The award of such sums will be paid by the state agency or political subdivision of the state which sought to condemn the property.

C.R.S. § 24-56-116 Inverse condemnation proceedings

24-56-116. Inverse condemnation proceedings. Where an inverse condemnation proceeding is instituted by the owner of any right, title, or interest in real property because of the alleged taking of his property for any program or project for which federal financial assistance will be available to pay all or any part of the cost of the program or project, the court rendering a judgment for the plaintiff in such proceeding and awarding compensation for the taking of property or the attorney for the acquiring agency effecting a settlement of any such proceeding shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will, in the opinion of the court or such attorney, reimburse such plaintiff for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees actually incurred because of such proceeding.

C.R.S. § 24-56-117 Real property acquisition policies

24-56-117. Real property acquisition policies. (1) Any acquiring agency or political subdivision of the state which acquires real property for a program or project for which federal financial assistance will be available to pay all or any part of the cost of such program or project shall comply with the following policies: (a) Every reasonable effort shall be made to acquire expeditiously real property by negotiation. (b) Real property shall be appraised before the initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property; except that the department of transportation may prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value. (c) Before the initiation of negotiations for acquisition of real property, an amount shall be established which it is reasonably believed is just compensation therefor, and such amount shall be offered for the property. In no event shall such amount be less than the approved appraisal of the fair market value of such property. Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, shall be disregarded in determining the compensation for the property. The owner of the real property to be acquired shall be provided with a written statement of and summary of the basis for the amount established as just compensation. Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated. (d) No owner shall be required to surrender possession of real property before the agreed purchase price is paid or before there is deposited with the court, in accordance with applicable law, for the benefit of the owner an amount not less than the approved appraisal of the fair market value of such property or the amount of the award of compensation in the condemnation proceeding of such property. (e) The construction or development of a program or project for which federal financial assistance will be available to pay all or any part of the cost of the program or project shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling will be available) or to move his business or farm operation without at least ninety days' written notice of the date by which such move is required. (f) If an owner or tenant is permitted to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the acquiring agency on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier. (g) In no event shall the time of condemnation be advanced, or negotiations or condemnation and the deposit of funds in court for the use of the owner be deferred, or any other action coercive in nature be taken to compel an agreement on the price to be paid for the property. (h) If an interest in real property is to be acquired by exercise of the power of eminent domain, formal condemnation proceedings shall be instituted. The acquiring agency shall not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property. (i) If the acquisition of only part of the property would leave its owner with an uneconomic remnant, an offer to acquire the entire property shall be made. the power of eminent domain, formal condemnation proceedings shall be instituted. The acquiring agency shall not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property. (i) If the acquisition of only part of the property would leave its owner with an uneconomic remnant, an offer to acquire the entire property shall be made. (j) A person whose real property is being acquired in accordance with this article may, after the person has been fully informed of his right to receive just compensation for such property, donate such property, any part thereof, any interest therein, or any compensation paid therefor to an agency, as such person shall determine. (k) As used in this section, "appraisal" means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. (2) For the purposes of this section, "acquiring agency" means a state agency which has the authority to acquire property by eminent domain under state law and a state agency or person which does not have such authority to the extent provided by the department of transportation by regulation. (3) The requirements of this section shall not apply to any acquiring agency or political subdivision of the state that acquires real property for a program or project for which federal financial assistance will be available from the rural utilities service of the United States department of agriculture for all or any part of the cost of such program or project.

C.R.S. § 24-56-118 Buildings, structures, and improvements

24-56-118. Buildings, structures, and improvements. (1) Where any interest in real property is acquired for a program or project for which federal assistance will be available to pay all or any part of the cost of the program or project, the acquiring agency shall acquire an equal interest in all buildings, structures, or other improvements located upon the real property so acquired which are required to be removed from such real property or which the head of the acquiring agency determines will be adversely affected by the use to which such real property will be put. (2) (a) For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired by subsection (1) of this section, such building, structure, or other improvement shall be deemed to be a part of the real property to be acquired notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure, or improvement at the expiration of his term, and the fair market value which such building, structure, or improvement contributes to the fair market value of the real property to be acquired or the fair market value of such building, structure, or improvement for removal from the real property, whichever is greater, shall be paid to the tenant therefor. (b) Payment for such buildings, structures, or improvements as set forth in this subsection (2) shall not result in duplication of any payments otherwise authorized by state law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer, and release all his right, title, and interest in and to such improvements. Nothing in this subsection (2) shall be construed to deprive the tenant of any rights to reject payment and to obtain payment for such property interests in accordance with other laws of the state.

C.R.S. § 24-56-119 No duplication of payments

24-56-119. No duplication of payments. No payment or assistance provided for in this article shall be required to be made by a state agency or political subdivision of the state if the displaced person receives a payment required by the laws of eminent domain which is determined by the state agency or political subdivision of the state to have substantially the same purpose and effect as such payment under this article.

C.R.S. § 24-56-120 No new value or damage element created

24-56-120. No new value or damage element created. (1) The provisions of section 24-56-117 create no rights or liabilities and shall not affect the validity of any property acquisition by purchase or condemnation. (2) Nothing in this article shall be construed as creating in any condemnation proceedings brought under the power of eminent domain any element of value or damage not in existence immediately prior to May 6, 1971.

C.R.S. § 24-56-121 Applicability

24-56-121. Applicability. This article shall apply to all acquisitions of real property by a state agency or a political subdivision of the state for a program or project for which federal financial assistance will be available to pay all or any part of the cost of the program or project; except that, if any other provision of state law is applicable to such acquisitions and such provision of state law requires relocation payments and assistance or prescribes land acquisition policies which are equivalent to or are greater or more stringent than the payments, assistance, or policies specified by this article, such other provision of state law shall apply to such acquisitions.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-24.docxFetched: 10/6/2026