HomeMy WebLinkAbout2023CV30659 - East Larimer County Water Dist. v. K & M Co., et al. - 021 - Order To Response To Mot Imm PossPage1 of1
COURT,DISTRICT COUNTY, COLORADOLARIMER (FT COLLINS)
Court Address:
201 LAPORTE AVENUE, SUITE 100, FORT COLLINS, CO, 80521
Petitioner(s)EAST LARIMER COUNTY WATER DISTRICT et al.
v.
Respondent(s)K AND M COMPANY LLLP et al.
COURT USE ONLY
Case Number:2023CV30659
Division:3B Courtroom:
Order to Respond to Motion for Immediate Possession
Petitioners East Larimer County Water District and North Weld County Water District ("Districts") move for an Order of
immediate possession of certain property described in their petition in condemnation. Respondents K & M Company, LLLP
and the City Of Fort Collins oppose the motion.
The Districts claim that they're "entitled to obtain immediate possession of the Properties pursuant to C.R.S. § 38-1-
105(6)(a)." Mot. at 2. That assertion proves too much. That provision states:
"At any stage of such new proceedings or of any proceedings under this article, the court, by rule in that behalf made, may
authorize the petitioner, if already in possession, to use, and, if not in possession, to take possession of and use, said
premises during the pendency and until the final conclusion of such proceedings and may stay all actions and proceedings
against such petitioner on account thereof, if such petitioner pays a sufficient sum into court, or to the clerk thereof, to pay
the compensation in that behalf when ascertained."
Colo. Rev. Stat. § 38-1-105(6)(a) (emphasis added).
As the Court sees it, there's no entitlement to immediate possession; it's a discretionary decision by the Court to authorize
the petitioners to take and use the property during the proceedings. (The key language being that the court "may authorize"
possession.) But it's not a foregone conclusion.
In any event, respondents are ordered to file a response to the petition within seven days from the date of this Order.
Petitioners shall file a reply within three days from the response, providing a more detailed explanation than the conclusory
statement in their motion that the "Districts require immediate possession of the Properties in order to allow the full and
complete public use of the Properties as set forth in their Petition."
Issue Date:1/5/2024
JUAN GONZALO VILLASENOR
District Court Judge
DATE FILED: January 5, 2024 8:53 AM
CASE NUMBER: 2023CV30659