US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 Colorado Code » Title 35 - Agriculture » Article 72 - Soil Erosion - Dust Blowing - 1954 Act

§ 35-72-101. Legislative Declaration

Soil erosion and damage caused by wind storms and blowing soil produced thereby are recognized and declared to be injurious or destructive to the property and natural resources of this state and a menace to the safety of the citizens of the state. To deter actions which are harmful to property and natural resources and […]

§ 35-72-101.5. Definitions

As used in this article, unless the context otherwise requires: “Board” means a board of county commissioners. “District” means a conservation district formed under the provisions of article 70 of this title. “Occupier” means any person, firm, any unit of state government or any agency of the state or federal government, or corporation, other than […]

§ 35-72-102. Duty of Landowner – Liability for Damage

To conserve property and the natural resources of the state and to prevent the injurious effects of blowing soil, it is the duty of the owner or occupier of any land in this state to prevent soil blowing therefrom, as nearly as can be done, by planting perennial grasses, shrubs, or trees or annual or […]

§ 35-72-103. Action by County Commissioners – Emergency Conditions

When the board of a county of the state is advised in writing or otherwise informed that soil is blowing from land in the county; the board is supplied with a description of the land; and it appears that private property, including crops, grasslands, fences, fencerows, irrigation canals, ditches, or livestock on adjacent or other […]

§ 35-72-105. Method of Assessment

Upon the completion of the treatment caused to be performed by the board as provided in section 35-72-103, the board shall, by resolution, determine what land benefits and from which soil is blowing and assess against the owner of the benefited land the actual cost of the treatment not in excess of forty dollars per […]

§ 35-72-105.5. Immunity

So long as it is engaged in the scope of activity permitted by the provisions of this article, a board or any of its members shall not be held liable in any court of competent jurisdiction for conduct associated with such tasks undertaken or assigned by it. Source: L. 83: Entire section added, p. 1378, […]

§ 35-72-106. Judicial Review

Any landowner aggrieved at the amount of the assessment against his land may bring an action in the district court of the county in which the land is situated to test the validity of the assessment or to enjoin its collection, but such action must be brought within thirty days after the assessment is made […]

§ 35-72-107. Cooperation With Other Agencies in Erosion Control

The board of any county wherein land is being eroded or soil is blowing, as provided in this article, is hereby authorized to enter into any agreement with the federal government or any agency thereof, the state of Colorado or any agency thereof, any district, or any other county or counties for cooperation in preventing […]