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Current as of January 01, 2022 | Updated by FindLaw Staff
(1) The term “benefit”, for the purposes of assessing a particular property within a conservancy district particularly with respect to regulating streamflow to control floods, includes, but is not limited to, the following:
(a) Any increase in the market value of the property;
(b) The provision for accepting the burden from specific dominant property for discharging surface water onto servient property in a manner or quantity greater than would naturally flow because the dominant owner made some of his property impermeable;
(c) Any adaptability of property to a superior or more profitable use;
(d) Any alleviation of health and sanitation hazards accruing to particular property or accruing to public property in the improvement district, if the provision of health and sanitation is paid for wholly or partially out of funds derived from taxation of property owners of the improvement district;
(e) Any reduction in the maintenance costs of particular property or of public property in the improvement district, if the maintenance of the public property is paid for wholly or partially out of funds derived from taxation of property owners of the improvement district;
(f) Any increase in convenience or reduction in inconvenience accruing to particular property owners, including the facilitation of access to and travel over streets, roads, and highways;
(g) Recreational improvements accruing to particular property owners as a direct result of drainage improvement.
Cite this article: FindLaw.com - Colorado Revised Statutes Title 37. Water and Irrigation § 37-5-104.5. Determination of special benefits--factors considered - last updated January 01, 2022 | https://codes.findlaw.com/co/title-37-water-and-irrigation/co-rev-st-sect-37-5-104-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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