Section 38-39-105 - Removal of improvements from encumbered property(1) An owner of real property shall not remove any improvement therefrom without first obtaining the written consent of the holder of any lien recorded prior to October 1, 1990, and the holder of the indebtedness secured by the deed of trust or mortgage having the most senior lien which encumbers such real property. This section shall not apply where any such improvement is expressly excepted from such lien.(2) Any person who violates the provisions of subsection (1) of this section commits: (a) A petty offense if the amount is less than three hundred dollars;(b) A class 2 misdemeanor if the amount is three hundred dollars or more but less than one thousand dollars;(c) A class 1 misdemeanor if the amount is one thousand dollars or more but less than two thousand dollars;(d) A class 6 felony if the amount is more than two thousand dollars but less than five thousand dollars;(e) A class 5 felony if the amount is five thousand dollars or more but less than twenty thousand dollars;(f) A class 4 felony if the amount is twenty thousand dollars or more but less than one hundred thousand dollars;(g) A class 3 felony if the amount is one hundred thousand dollars or more but less than one million dollars; and(h) A class 2 felony if the amount is one million dollars or more.Amended by 2021 Ch. 462, § 687, eff. 3/1/2022.L. 90: Entire article R&RE, p. 1676, § 3, effective October 1. L. 2002: (2) amended, p. 1555, § 344, effective October 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3293, § 687, effective 3/1/2022.(1) This section is similar to former §§ 38-38-103 and 38-38-104 , as they existed prior to 1990.
(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.