Chapter 2 - § 2.5 • JURISDICTION AND VENUE

• Jurisdiction: Colorado

§ 2.5 • JURISDICTION AND VENUE

Jurisdiction for quiet title actions is in the district court regardless of the amount of money in controversy.²⁰ Venue is in the county in which the subject property is located.²¹

The Colorado Court of Appeals upheld an adjudication of an adverse possession claim in the context of a Forcible Entry and Detainer action. The plaintiffs brought the FED action in county court, but the case was removed to district court and adjudicated as a FED case.²² On appeal, defendants argued that the case should have been brought under Rule 105 as a quiet title action. The court of appeals held that the trial court's actions were proper and rebuffed the defendants' claims that they were denied due process because they were not given the right to do discovery and have a full trial under the expedited FED procedures. The court stated that the defendants could have filed a counterclaim under Rule 105 and/or requested a delay of trial to conduct discovery under C.R.S. § 13-40-114.

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Notes:

^[20] Colo. Const. art. VI, § 9; C.R.S. § 13-6-105(1)(c).

^[21] C.R.C.P. 98(c). See Sanctuary House, Inc. v. Krause, 177 P.3d 1256...