Page:Colorado State Constitution (2020).pdf/5

 Section 12.No imprisonment for debt. No person shall be imprisoned for debt, unless upon refusal to deliver up his estate for the benefit of his creditors in such manner as shall be prescribed by law, or in cases of tort or where there is a strong presumption of fraud.

Section 13.Right to bear arms. The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.

Section 14.Taking private property for private use. Private property shall not be taken for private use unless by consent of the owner, except for private ways of necessity, and except for reservoirs, drains, flumes or ditches on or across the lands of others, for agricultural, mining, milling, domestic or sanitary purposes.

Source: Entire article added, effective August 1, 1876, see L. 1877, p. 30.

Cross references: For compensation for taking of private property under this section, see § 15 of this article; for eminent domain, see articles 1 to 7 of title 38.

Section 15.Taking property for public use - compensation, how ascertained. Private property shall not be taken or damaged, for public or private use, without just compensation. Such compensation shall be ascertained by a board of commissioners, of not less than three freeholders, or by a jury, when required by the owner of the property, in such manner as may be prescribed by law, and until the same shall be paid to the owner, or into court for the owner, the property shall not be needlessly disturbed, or the proprietary rights of the owner therein divested; and whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.

Source: Entire article added, effective August 1, 1876, see L. 1877, p. 30.

Cross references: (1) For judicial aspects of the question of necessity when property is to be taken under this section for public or quasi-public purposes, see: Rothwell v. Coffin, 122 Colo. 140, 220 P.2d 1063 (1950); Pine Martin Mining Co. v. Empire Zinc Co., 90 Colo. 529, 11 P.2d 221 (1932); Jennings v. Bd. of Com. Montrose Co., 85 Colo. 498, 277 P. 467 (1929); Haver v. Matonock, 75 Colo. 301, 225 P. 834 (1924); Colo. & Utah Coal Co. v. Walter, 75 Colo. 489, 226 P. 864 (1924); Snider v. Town of Platteville, 75 Colo. 589, 227 P. 548 (1924); Wassenich v. City & County of Denver, 67 Colo. 456, 186 P. 533 (1919); Lavelle v. Town of Julesburg, 49 Colo. 290, 112 P. 774 (1910); Kirkwood v. School Dist. Summit County, 45 Colo. 368, 101 P. 343 (1909); Schneider v. Schneider, 36 Colo. 518, 86 P. 347 (1906); Union Pac. R. R. v. Colo. Postal Telegraph Co., 30 Colo. 133, 69 P. 594 (1902); Gibson v. Cann, 28 Colo. 499, 66 P. 879 Colorado Revised Statutes 2020