31-12-119. Disconnection of territory because of failure to serve.

Statute text

The landowners of any tract or contiguous tracts of land aggregating five acres or more located on a boundary of the municipality at the time of the disconnection action may, three or more years after annexation, petition for disconnection from the municipality if such municipality does not, upon demand, provide the same municipal services on the same general terms and conditions as the rest of the municipality receives. The procedure for such disconnection shall be as set forth in parts 6 and 7 of this article, insofar as consistent with this section. To the extent that such parts are inconsistent with this section, the provisions of this section shall prevail when the action is based on failure of the municipality to serve an annexed area.

History

Source: L. 75: Entire title R&RE, p. 1091, 1, effective July 1.

Annotations

Editor's note: This section is similar to former 31-8-119 as it existed prior to 1975.

Annotations

 

ANNOTATION

Annotations

Annexations "condition" does not relieve municipality of statutory obligations. An annexation "condition", that the municipality would not be required to supply water to the annexed subdivision, does not relieve the municipality of its statutory obligation to provide the subdivision with "the same municipal services on the same general terms and conditions as the rest of the municipality receives". Morgan v. Town of Palmer Lake, 44 Colo. App. 134, 608 P.2d 852 (1980).

Trial court did not err by requiring that landowners' petition to disconnect from home rule municipality contain all of the statutory elements required in a petition filed under 31-12-601 because those procedural elements are incorporated by reference in this section. While 31-12-601 applies to petitions to disconnect from statutory cities, this section applies to petitions to disconnect from municipalities, and those petitions must follow the procedures set forth in 31-12-602. Radcliff Props. v. City of Sheridan, 2012 COA 82, 296 P.3d 310.

The record supports the court's denial of landowners' petition because landowners failed to show that municipality did not, upon demand, provide landowners' parcels the same municipal services on the same general terms and conditions that the rest of the municipality received. Radcliff Props. v. City of Sheridan, 2012 COA 82, 296 P.3d 310.

Landowners' petition to disconnect from home rule municipality filed under this section is not precluded by 31-12-603 (1). A petition filed under this section only has to follow the procedures "set forth in parts 6 and 7" of this title, not the substantive provisions of those parts. Radcliff Props. v. City of Sheridan, 2012 COA 82, 296 P.3d 310.

Where landowners seeking disconnection failed to show that municipality "does not, upon demand, provide the same municipal services on the same general terms and conditions as the rest of the municipality receives", trial court did not err in denying petition to disconnect. Radcliff Props. v. City of Sheridan, 2012 COA 82, 296 P.3d 310.