Statute of Limitations on Prescriptive Easement Claim In Colorado
Section 38-41-101 applies to claims seeking title by adverse possession. See Smith v. Hayden, 772 P.2d 47 (Colo. 1989). Section 38-41-101(1), C.R.S. 1999, provides:
No person shall commence or maintain an action for the recovery of the title or possession or to enforce or establish any right or interest of or to real property or make an entry thereon unless commenced within eighteen years after the right to bring such action or make such entry has first accrued or within eighteen years after he or those from, by, or under whom he claims have been seized or possessed of the premises. Eighteen years adverse possession of any land shall be conclusive evidence of absolute ownership.
Section 13-80-102(1), C.R.S. 1999, addresses the statute of limitations for actions against government entities and provides in part:
The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within two years after the cause of action accrues, and not thereafter:
(h) All actions against any public or governmental entity or any employee of a public or governmental entity, except as otherwise provided in this section or section 13-80-103.
(i) All other actions of every kind for which no other period of limitation is provided. . . .Section 13-80-102(1)(h) applies to all actions against governmental entities, regardless of the theory upon which suit is brought. Regional Transportation District v. Voss, 890 P.2d 663 (Colo. 1995).
In contrast to adverse possession, inverse condemnation allows a landowner to recover just compensation for a taking of property when condemnation proceedings have not been instituted. State v. the Mill, 809 P.2d 434 (Colo. 1991).