2021 Colorado Code
Title 38 - Property - Real and Personal
Article 44 - Establishing Disputed Boundaries
§ 38-44-111. Costs
The costs in the proceedings shall be taxed as the court thinks just and shall be a lien on the land or interest therein owned by the party or parties against whom they are taxed insofar as such lands are involved in the proceedings.
History. Source: L. 07: P. 288, § 11. Code 08: § 307. Code 21: § 308. Code 35: § 308. CRS 53: § 118-11-11. C.R.S. 1963: § 118-11-11. History. Source: L. 07: P. 288, § 11. Code 08: § 307. Code 21: § 308. Code 35: § 308. CRS 53: § 118-11-11. C.R.S. 1963: § 118-11-11.
ANNOTATION
Assessment of costs and expenses to losing party. In an action involving boundary dispute, judgment assessing costs of survey and expenses of commissioners to losing party is in accord with this section. Kelly v. Mullin, 159 Colo. 573 , 413 P.2d 186 (1966).
Assessment of all costs not abuse of discretion. But the trial court's assessment of all costs of the action against the defendants was not an abuse of discretion. Brackett v. Cleveland, 147 Colo. 328 , 363 P.2d 1050 (1961).
Costs allocated only between original plaintiff and defendant since the issue of allocating costs to the third-party defendants was not raised in plaintiff's motion for a new trial and thus the court of appeals had no jurisdiction to decide the issue. Brewster v. Nandrea, 705 P.2d 1 (Colo. 1985).
