HOUSE BILL 971016
BY REPRESENTATIVES S. Johnson, Agler, and Smith;
also SENATOR Reeves.
CONCERNING THE RECORDING OF INSTRUMENTS CONVEYING
REAL PROPERTY TO PUBLIC ENTITIES.
Be it enacted by the General Assembly of the State
SECTION 1. Article
35 of title 38, Colorado Revised Statutes, 1982 Repl. Vol., as
amended, is amended BY THE ADDITION OF A NEW SECTION to read:
3835109.5. Recording of
instruments conveying real property to public entities.
(1) ANY INSTRUMENT, INCLUDING, BUT NOT LIMITED TO,
A RESOLUTION, ORDINANCE, DEED, CONVEYANCE DOCUMENT, PLAT, OR SURVEY,
CONVEYING THE TITLE OF REAL PROPERTY TO THE STATE OR A POLITICAL
SUBDIVISION SHALL BE RECORDED IN THE OFFICE OF THE CLERK AND RECORDER
OF THE COUNTY IN WHICH SUCH REAL PROPERTY IS SITUATED WITHIN THIRTY
DAYS OF SUCH CONVEYANCE. IF THE STATE OR A POLITICAL SUBDIVISION
FAILS TO RECORD SUCH INSTRUMENT PURSUANT TO THIS SECTION, THE
STATE OR POLITICAL SUBDIVISION SHALL BE LIABLE FOR THE AMOUNT
OF INTEREST INCURRED BY THE COUNTY PURSUANT TO THE PROVISIONS
OF SECTION 3912111, C.R.S., DUE TO SUCH FAILURE TO
(2) FOR PURPOSES OF SATISFYING THE RECORDING
REQUIREMENT IN SUBSECTION (1) OF THIS SECTION, THE EXECUTIVE DIRECTOR
OF THE APPROPRIATE STATE DEPARTMENT OR HIS OR HER DESIGNEE SHALL
RECORD ANY INSTRUMENT CONVEYING THE TITLE OF REAL PROPERTY TO
THE STATE, AND A POLITICAL SUBDIVISION SHALL DESIGNATE AN APPROPRIATE
OFFICIAL OR OFFICIALS WHO SHALL RECORD ANY INSTRUMENT CONVEYING
THE TITLE OF REAL PROPERTY TO THE POLITICAL SUBDIVISION.
(3) FOR PURPOSES OF THIS SECTION, "POLITICAL
SUBDIVISION" MEANS A COUNTY, CITY AND COUNTY, CITY, TOWN,
SERVICE AUTHORITY, SCHOOL DISTRICT, LOCAL IMPROVEMENT DISTRICT,
LAW ENFORCEMENT AUTHORITY, WATER, SANITATION, FIRE PROTECTION,
METROPOLITAN, IRRIGATION, DRAINAGE, OR OTHER SPECIAL DISTRICT
OR ANY OTHER KIND OF MUNICIPAL, QUASIMUNICIPAL, OR PUBLIC
CORPORATION ORGANIZED PURSUANT TO LAW.
SECTION 2. 3835109
(1), Colorado Revised Statutes, 1982 Repl. Vol., as amended, is
amended to read:
3835109. Instrument may
be recorded validity of unrecorded instruments liability
for fraudulent documents. (1) All
deeds, powers of attorney, agreements, or other instruments in
writing conveying, encumbering, or affecting the title to real
property, certificates, and certified copies of orders, judgments,
and decrees of courts of record may be recorded in the office
of the county clerk and recorder of the county where such real
property is situated; EXCEPT THAT ALL INSTRUMENTS CONVEYING THE
TITLE OF REAL PROPERTY TO THE STATE OR A POLITICAL SUBDIVISION
SHALL BE RECORDED PURSUANT TO SECTION 3835109.5.
No such unrecorded instrument or document shall be valid against
any person with any kind of rights in or to such real property
who first records and those holding rights under such person,
except between the parties thereto and against those having notice
thereof prior to acquisition of such rights. This is a racenotice
recording statute. In all cases where by law an instrument may
be filed in the office of a county clerk and recorder, the filing
thereof in such office shall be equivalent to the recording thereof,
and the recording thereof in the office of such county clerk and
recorder shall be equivalent to the filing thereof.
SECTION 3. Effective
date applicability. This act shall take
effect July 1, 1997, and shall apply to conveyances made to public
entities on or after said date.
SECTION 4. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
GOVERNOR OF THE STATE