24-10-112. Compromise of claims - settlement of actions.

Statute text

(1) (a) (I) A claim against the state may be compromised or settled for and on behalf of the state by the attorney general, with the concurrence of the head of the affected department, agency, board, commission, institution, hospital, college, university, or other instrumentality thereof, except as provided in part 15 of article 30 of this title.

(II) Repealed.

(b) Repealed.

(2) Claims against public entities, other than the state, may be compromised or settled by the governing body of the public entity or in such manner as the governing body may designate.

History

Source: L. 71: p. 1209, 1. C.R.S. 1963: 130-11-12. L. 85, 1st Ex. Sess.: (1) amended, p. 10, 6, effective September 27. L. 86: (1)(a)(II) and (1)(b) repealed, p. 894, 10, effective April 17.

Annotations

 

ANNOTATION

Annotations

Annotator's note. The following notes are taken from cases decided under former CSA C. 153, 27, which dealt with the findings of fact and recommendations by the former Colorado claims commission.

Court cannot dictate commission's judicial decision. Where it appears that the commission is called upon to audit and examine claims, and in doing so is invested with judicial powers, a court, while it may compel it to take action, will never dictate what its decision shall be. Post Printing & Publ'g Co. v. Shafroth, 53 Colo. 129, 124 P. 176, appeal dismissed, 226 U.S. 602, 33 S. Ct. 115, 57 L. Ed. 377 (1912).

But will compel commission to act upon claim. The power conferred upon the commission to audit and allow claims against the state is of a judicial nature, and mandamus will not lie to compel the commission to allow a claim. But if the commission refuses to act upon a claim properly presented to it, the court will compel it to do so. People v. Auditor, 2 Colo. 97 (1873).