Colorado Code § 38-1-114

Formula for computing compensation - definitions
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(1) Except for the
provisions of subsection (2) of this section that shall apply to acquisitions for highways and
transportation projects undertaken by the regional transportation district created by article 9 of
title 32, C.R.S., the right to compensation and the amount thereof, including damages and
benefits, if any, shall be determined initially as of the date the petitioner is authorized by
agreement, stipulation, or court order to take possession or the date of trial or hearing to assess
compensation, whichever is earlier, but any amount of compensation determined initially shall
remain subject to adjustment for one year after the date of the initial determination to provide for
additional damages or benefits not reasonably foreseeable at the time of the initial determination.
In estimating the value of all property actually taken, the true and actual value at such time shall
be allowed and awarded. No deduction therefrom shall be allowed for any benefit to the residue
of said property. In estimating damages occasioned to other portions of the claimant's property
or any part thereof other than that actually taken, the value of the benefits, if any, may be
deducted therefrom. In all cases the owner shall receive the full and actual value of all property
actually taken. In case the benefit to the property not actually taken exceeds the damages
sustained by the owner to the property not actually taken, the owner shall not be required to pay
or allow credit for such excess.
(2) (a) For acquisitions for highways and transportation projects undertaken by the
regional transportation district created by article 9 of title 32, C.R.S., the right to compensation
and the amount thereof, including damages and benefits, if any, shall be determined as of the
date the petitioner is authorized by agreement, stipulation, or court order to take possession or
the date of trial or hearing to assess compensation, whichever is earlier, but any amount of
compensation determined initially shall remain subject to adjustment for one year after the date
of the initial determination to provide for additional damages or benefits not reasonably
foreseeable at the time of the initial determination.
(b) If an entire tract or parcel of property is condemned, the amount of compensation to
be awarded is the reasonable market value of the said property on the date of valuation.
(c) If only a portion of a tract or parcel of land is taken, the damages and special
benefits, if any, to the residue of said property shall be determined. When determining damages
and special benefits, the appraiser shall take into account a proper discount when the damages
and special benefits are forecast beyond one year from the date of appraisal.
(d) In determining the amount of compensation to be paid for such a partial taking, the
compensation for the property taken and damages to the residue of said property shall be reduced
by the amount of any special benefits which result from the improvement or project, but not to
exceed fifty percent of the total amount of compensation to be paid for the property actually
taken.
(3) For purposes of this section, "transportation" shall have the same meaning as set
forth in section 43-1-102 (6), C.R.S.

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