CHAPTER 78. ELECTIONS NUMBER OF BALLOTS. (S. B. No. 280, by Senator Elliot.) AN ACT CONCERNING ELECTIONS. Be It Enacted by the General Assembly of the State of Colorado: Section 1. That Section 2242 of the Revised Statutes Act amended. of the State of Colorado, 1908, be and the same is hereby amended so as to read as follows: Section 2242. NUMBER OF BALLOTS.-The county clerk of each county and the city clerk of each city, and the town clerk of each town when charged by this act with the duty of printing and preparing ballots shall provide for each election precinct in a county, city or town sixty-five ballots for every fifty or fraction of fifty voters registered at the last preceding election in the election precinct. If there is no registry in the precinct, such ballots shall be provided to the number of sixty-five of each kind for every fifty or fraction of fifty who voted at the last preceding election in such precinct. When a precinct shall be divided, or the boundaries changed, the county clerk or city clerk or town clerk, as the case may be, must ascertain as nearly as possible the number of voters in the new precinct or precincts and provide therefor a sufficient number of ballots in the above proportion. Approved: April 12, 1915. Number of ballots furnished to each precinct. CHAPTER 79. ELECTIONS OFFENSES. Alteration or change of ballot, forgery. (H. B. No. 204, by Mr Sabin.) AN ACT CONCERNING ELECTIONS. Be It Enacted by the General Assembly of the State of Colorado: Section 1. Every person who shall forge, alter, change or counterfeit any ballot before or after it has been cast or who shall cause said ballot to misstate in any way the wishes of the voter casting the same, shall be deemed guilty of a forgery and punished accordingly. Approved: March 19, 1915. CHAPTER 80. EMINENT DOMAIN RIGHTS OF WAY OVER LANDS OF U. S. OR STATE. (S. B. No. 334, by Senator Williams.) AN ACT RELATING TO THE APPROPRIATION OF LAND FOR CORPOR- Be It Enacted by the General Assembly of the State of Colorado: Exercise of main over eminent do land belonging to U. S. Section 1. Whenever any corporation authorized to appropriate for a public use by the exercise of the right of eminent domain, lands, right of way or other right or easement in lands requires, needs or desires to appropriate or State. lands or right of way or other right or easement in lands which belong to the United States, the State of Colorado, or any other state or sovereignty, such corporation for the purpose of having such lands, right of way or other right or easement appropriated to such use, and for determining the compensation to be paid to such owner therefor may Petition for present a petition to any court of record in the county or condemnation. counties in which such lands or any part thereof are located, describing the desired property, giving the name of the owner thereof and stating by whom and for what purpose it is proposed to be appropriated and that it is needed and required by the petitioner for the public use to which it is proposed to devote the same, and praying Contents. Notice of hearing upon petition. Contents of notice. Service of notice. Hearing. Court determine issues. that such court appropriate such property to its use and determine the compensation to be paid to the owner therefor. Sec. 2. Such court shall fix a time for the first hearing upon said petition, and notice directed to such owner of the filing of the petition and its objects and containing a description of the property and of the time and place of the first hearing shall be published by such corporation in one or more newspapers of general circulation in the State of Colorado once a week for six weeks prior to the time set for the first hearing, and at least two weeks before the time set for the first hearing a copy of said notice shall be served on any party who shall be in actual possession of the land, and, in case the state is the owner, on the Secretary of State, and in case the United States is the owner, on the United States Attorney for the district in which the land or any part thereof is situated. The copy of such notice shall be deemed to have been sufficiently served if delivered during the usual hours of business at the residence of the party in possession or at the office of the Secretary of State or the United States Attorney, as the case may be. Sec. 3. Upon proof being filed of the publication of such notice and of such personal service where required, the court at the time and place therein fixed, or to which the hearing may be adjourned, shall proceed to hear the allegations and proofs of all persons interested touching the matters to it committed, regulating the order of proof as it may deem best. The testimony taken by it shall be under oath. The court shall determine the truth of the matters alleged and set forth in the petition and also the compensation to be paid to such owner for the lands, right of way, or other right or easement in lands to be appropriated, but in the event that the petitioner shall have theretofore taken possession of such lands, right of way, or other right or easement in lands, the value thereof shall be determined without considering the value of any improvements that may have been constructed by such corporation and as of the date when such corporation took possession; and the court shall file among its records its findings in writing and shall give notice to the petitioner of court that its findings have been filed. The petitioner shall Findings cause a notice to be published in one or more newspapers filed. of general circulation in the State of Colorado once a Findings week for two weeks setting forth that the findings of the published. court have been filed and stating the amount of the compensation fixed by the court, and if the owner shall have appeared in said proceeding by attorney a copy of said notice shall be served prior to the last publication of said notice upon the attorney so appearing. When court my order appropriation of lands. Sec. 4. In case no appeal as hereinafter provided is taken within thirty days after the last publication of notice that the findings of the court have been filed, the court, upon the payment by the petitioner to the clerk of such court, of the compensation fixed by the court, shall, upon motion of the petitioner, enter an order appropriating the lands, right of way or other right or easement in lands as the case may be to the petitioner and thereafter the same shall be the property of the petitioner and a certified copy of the order may be filed for record with the county clerk and recorder of the county in which Copy such lands, right of way, or other right or easement in recorded. lands are located, and such record shall be notice, and a certified copy of such record shall be evidence of the title and rights of the petitioner as therein set forth. The clerk of said court shall notify the owner of the property of the payment of the compensation fixed by the court and shall pay the same to such owner on demand. of order. judgment Sec. 5. Upon the payment into court of the com- When pensation assessed, the court shall give judgment appro- entered. priating the lands, right of way or other right or easement in lands, as the case may be, to the petitioner and thereafter the same shall be the property of the petitioner. Either party to the action may sue out a writ of error from the judgment therein in like manner and with Writ like effect as in ordinary condemnation cases but such writ of error shall not stay the proceedings so as to prevent the petitioner from taking such lands into its possession and using them for the purposes of the petitioner or from proceeding to exercise the right of way or other right or easement appropriated. Approved: April 23, 1915. of error. |