reglab/housing_qa huggingface dataset:
CO Code § 38-4-110 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 4 - Rights-of-Way: Designated Common Carriers|§ 38-4-110. No Right to Vein Matter Acquired

 Nothing in this article shall be so construed as to give such tunnel corporation the right to follow any vein or lode without the consent of the owner. When any vein or lode is encountered in driving any such tunnel, such tunnel corporation shall only have the right-of-way to cross such vein or lode at such angle as may be suitable for the convenient operation of the tunnel.   History. Source: L. 07: P. 284, § 10. R.S. 08: § 2444. C.L. § 6345. CSA: C. 61, § 35. CRS 53: § 50-4-10. C.R.S. 1963: § 50-4-10. History. Source: L. 07: P. 284, § 10. R.S. 08: § 2444. C.L. § 6345. CSA: C. 61, § 35. CRS 53: § 50-4-10. C.R.S. 1963: § 50-4-10.
CO Code § 38-4-111 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 4 - Rights-of-Way: Designated Common Carriers|§ 38-4-111. Tunnel Company to File Map

 Any such tunnel corporation desiring to avail itself of the benefit of this article shall file with the county clerk and recorder of the county in which it is proposed to operate a map or survey of the proposed tunnel for which it desires a right-of-way, together with a statement showing the route of the proposed tunnel and the patented or unpatented mining claims or other property through which it is proposed to construct the same, and may file supplementary maps and surveys upon any lawful change of its proposed line of tunnel.   History. Source: L. 07: P. 284, § 11. R.S. 08: § 2445. C.L. § 6346. CSA: C. 61, § 36. CRS 53: § 50-4-11. C.R.S. 1963: § 50-4-11. History. Source: L. 07: P. 284, § 11. R.S. 08: § 2445. C.L. § 6346. CSA: C. 61, § 36. CRS 53: § 50-4-11. C.R.S. 1963: § 50-4-11.
CO Code § 38-4-112 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 4 - Rights-of-Way: Designated Common Carriers|§ 38-4-112. Pipeline Company to File Map

 Any such pipeline corporation desiring to avail itself of the benefit of this article shall file with the county clerk and recorder of the county in which it is proposed to operate a map or survey of the proposed line for which it desires a right-of-way, together with a statement showing the route of the proposed pipeline and the patented or unpatented mining claims or other property through which it is proposed to construct the same, and may file supplementary maps and surveys upon any lawful change of its proposed line.   History. Source: L. 07: P. 285, § 12. R.S. 08: § 2446. C.L. § 6347. CSA: C. 61, § 37. CRS 53: § 50-4-12. C.R.S. 1963: § 50-4-12. History. Source: L. 07: P. 285, § 12. R.S. 08: § 2446. C.L. § 6347. CSA: C. 61, § 37. CRS 53: § 50-4-12. C.R.S. 1963: § 50-4-12.
CO Code § 38-4-113 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 4 - Rights-of-Way: Designated Common Carriers|§ 38-4-113. Power Company to File Map

 Any such electric power transmission corporation desiring to avail itself of the benefit of this article shall file with the county clerk and recorder of the county in which it proposes to operate a map or survey of the proposed lines for which it desires a right-of-way, together with a statement showing the route of the proposed lines and the patented or unpatented mining claims or other property through which it is proposed to construct the same, and may file supplementary maps and surveys upon any lawful change of its proposed lines.   History. Source: L. 07: P. 285, § 13. R.S. 08: § 2447. C.L. § 6348. CSA: C. 61, § 38. CRS 53: § 50-4-13. C.R.S. 1963: § 50-4-13. History. Source: L. 07: P. 285, § 13. R.S. 08: § 2447. C.L. § 6348. CSA: C. 61, § 38. CRS 53: § 50-4-13. C.R.S. 1963: § 50-4-13.
CO Code § 38-4-114 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 4 - Rights-of-Way: Designated Common Carriers|§ 38-4-114. Tramway Company to File Map

 Any such aerial tramway corporation desiring to avail itself of the benefit of this article shall file with the county clerk and recorder of the county in which it is proposed to operate a map or survey of the proposed route for which it desires a right-of-way, together with a statement showing the route of the proposed tramway and the patented or unpatented mining claims or other property over or across which it is proposed to construct the same, and may file supplementary maps and surveys upon any lawful change of its proposed route.   History. Source: L. 07: P. 285, § 14. R.S. 08: § 2448. C.L. § 6349. CSA: C. 61, § 39. CRS 53: § 50-4-14. C.R.S. 1963: § 50-4-14. History. Source: L. 07: P. 285, § 14. R.S. 08: § 2448. C.L. § 6349. CSA: C. 61, § 39. CRS 53: § 50-4-14. C.R.S. 1963: § 50-4-14.
CO Code § 38-4-115 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 4 - Rights-of-Way: Designated Common Carriers|§ 38-4-115. Companies to Transport Ore - Toll

 Any such tunnel or aerial tramway corporation, subject to its reasonable regulations, shall accept from the owners of mining properties all ores, waste materials, and other materials loaded in cars and delivered to it along its line of tunnel or aerial tramways for transportation and afford facilities for the handling of the same at such place upon payment to it at the rates established and fixed by such tunnel or aerial tramway corporation.   History. Source: L. 07: P. 285, § 15. R.S. 08: § 2449. C.L. § 6350. CSA: C. 61, § 40. CRS 53: § 50-4-15. C.R.S. 1963: § 50-4-15. History. Source: L. 07: P. 285, § 15. R.S. 08: § 2449. C.L. § 6350. CSA: C. 61, § 40. CRS 53: § 50-4-15. C.R.S. 1963: § 50-4-15.
CO Code § 38-4-116 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 4 - Rights-of-Way: Designated Common Carriers|§ 38-4-116. Companies to Furnish Power - Fees

 Any such pipeline corporation or electric power transmission corporation, subject to its reasonable regulations, shall furnish to the owners of mining properties power from said pipelines or electric power transmission lines upon payment to it at the rates established and fixed by such corporation.   History. Source: L. 07: P. 286, § 16. R.S. 08: § 2450. C.L. § 6351. CSA: C. 61, § 41. CRS 53: § 50-4-16. C.R.S. 1963: § 50-4-16. History. Source: L. 07: P. 286, § 16. R.S. 08: § 2450. C.L. § 6351. CSA: C. 61, § 41. CRS 53: § 50-4-16. C.R.S. 1963: § 50-4-16.
CO Code § 38-5-101 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 5 - Rights-of-Way: Transmission Companies|§ 38-5-101. Use of Public Highways

 Any domestic or foreign electric light power, gas, or pipeline company authorized to do business under the laws of this state or any city or town owning electric power producing or distribution facilities shall have the right to construct, maintain, and operate lines of electric light, wire or power or pipeline along, across, upon, and under any public highway in this state, subject to the provisions of this article. Such lines of electric light, wire or power, or pipeline shall be so constructed and maintained as not to obstruct or hinder the usual travel on such highway.   History. Source: L. 07: P. 385, § 1. R.S. 08: § 2451. C.L. § 6352. CSA: C. 61, § 42. L. 39: P. 365, § 1. CRS 53: § 50-5-1. L. 63: P. 479, § 1. C.R.S. 1963: § 50-5-1. L. 96: Entire section amended, p. 303, § 2, effective April 12. History. Source: L. 07: P. 385, § 1. R.S. 08: § 2451. C.L. § 6352. CSA: C. 61, § 42. L. 39: P. 365, § 1. CRS 53: § 50-5-1. L. 63: P. 479, § 1. C.R.S. 1963: § 50-5-1. L. 96: Entire section amended, p. 303, § 2, effective April 12.    ANNOTATION   Law reviews. For article, “Eminent Domain in Colorado”, see 29 Dicta 313 (1952). For comment on Englewood v. Mountain States Tel. & Tel. Co., 163 Colo. 400 , 431 P.2d 40 (1967), appearing below, see 40 U. Colo. L. Rev. 167 (1967).   Section within constitutional boundaries. The provisions of this section are well within the boundaries of art. XXV, Colo. Const. City of Englewood v. Mtn. States Tel. & Tel. Co., 163 Colo. 400 , 431 P.2d 40 (1967).   Right granted subject to reasonable changes by municipal authorities. The right granted in this section is qualified and subject to the power of the municipal authorities to make such reasonable changes in the grade or an improvement therein as in their judgment the public interests demanded and required. Mtn. States Tel. & Tel. Co. v. Horn Tower Constr. Co., 147 Colo. 166 , 363 P.2d 175 (1961).   The provisions of this section are not applicable to grant a state franchise to continue using public highways when consent of a city was never obtained by a rural electric association for the use of the city's streets to expand its facilities. City of Greeley v. Poudre Valley R. Elec., 744 P.2d 739 (Colo. 1987), appeal dismissed for want of a properly presented federal question, 485 U.S. 949, 108 S. Ct. 1207, 99 L. Ed. 2d 409 (1988).   An intoxicated, speeding driver is not engaged in “usual travel” and, therefore, is not within the class of persons intended to be protected by this section. Jacque v. Pub. Serv. Co. of Colo., 890 P.2d 138 (Colo. App. 1994).   Applied in Sternberger v. Cont'l Mines Power & Reduction Co., 68 Colo. 129 , 186 P. 910 (1920);City of Northglenn v. City of Thornton, 193 Colo. 536 , 569 P.2d 319 (1977).
CO Code § 38-5-102 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 5 - Rights-of-Way: Transmission Companies|§ 38-5-102. Right-of-Way Across State Land

 Any domestic or foreign electric light power, gas, or pipeline company authorized to do business under the laws of this state, or any city or town owning electric power producing or distribution facilities shall have the right to construct, maintain, and operate lines of electric light wire or power or pipeline and obtain permanent right-of-way therefor over, upon, under, and across all public lands owned by or under the control of the state, upon the payment of such compensation and upon compliance with such reasonable conditions as may be required by the state board of land commissioners.   History. Source: L. 07: P. 385, § 2. R.S. 08: § 2452. C.L. § 6353. CSA: C. 61, § 43. L. 39: P. 365, § 2. CRS 53: § 50-5-2. L. 63: P. 479, § 2. C.R.S. 1963: § 50-5-2. L. 96: Entire section amended, p. 303, § 3, effective April 12. History. Source: L. 07: P. 385, § 2. R.S. 08: § 2452. C.L. § 6353. CSA: C. 61, § 43. L. 39: P. 365, § 2. CRS 53: § 50-5-2. L. 63: P. 479, § 2. C.R.S. 1963: § 50-5-2. L. 96: Entire section amended, p. 303, § 3, effective April 12.
CO Code § 38-5-103 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 5 - Rights-of-Way: Transmission Companies|§ 38-5-103. Power of Companies to Contract

  Such electric light power, gas, or pipeline company, or such city, town, or other local government shall have power to contract with any person or corporation, the owner of any lands or any franchise, easement, or interest therein over or under which the line of electric light wire power or pipeline is proposed to be laid or created for the right-of-way for the construction, maintenance, and operation of its electric light wires, pipes, poles, regulator stations, substations, or other property and for the erection, maintenance, occupation, and operation of offices at suitable distances for the public accommodation.    An electric utility, as defined in section 40-15-601 (6), exercising its rights under subsection (1) of this section may, in accordance with part 6 of article 15 of title 40, install or allow the installation of any attached facility for commercial broadband service, as those terms are defined in section 40-15-601 (1) and (3), respectively.     History. Source: L. 07: P. 386, § 3. R.S. 08: § 2453. C.L. § 6354. CSA: C. 61, § 44. CRS 53: § 50-5-3. L. 63: P. 480, § 3. C.R.S. 1963: § 50-5-3. L. 96: Entire section amended, p. 303, § 4, effective April 12. L. 2019: Entire section amended, (SB 19-107), ch. 424, p. 3714, § 3, effective August 2. History. Source: L. 07: P. 386, § 3. R.S. 08: § 2453. C.L. § 6354. CSA: C. 61, § 44. CRS 53: § 50-5-3. L. 63: P. 480, § 3. C.R.S. 1963: § 50-5-3. L. 96: Entire section amended, p. 303, § 4, effective April 12. L. 2019: Entire section amended, (SB 19-107), ch. 424, p. 3714, § 3, effective August 2.
CO Code § 38-5-105 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 5 - Rights-of-Way: Transmission Companies|§ 38-5-105. Companies, Cities, and Towns Have Eminent Domain Right

 Such telegraph, telephone, electric light power, gas, or pipeline company or such city or town is vested with the power of eminent domain, and authorized to proceed to obtain rights-of-way for poles, wires, pipes, regulator stations, substations, and systems for such purposes by means thereof. Whenever such company or such city or town is unable to secure by deed, contract, or agreement such rights-of-way for such purposes over, under, across, and upon the lands, property, privileges, rights-of-way, or easements of persons or corporations, it shall be lawful for such telegraph, telephone, electric light power, gas, or pipeline company or any city or town owning electric power producing or distribution facilities to acquire such title in the manner now provided by law for the exercise of the right of eminent domain and in the manner as set forth in this article.   History. Source: L. 07: P. 386, § 5. R.S. 08: § 2455. C.L. § 6356. CSA: C. 61, § 46. CRS 53: § 50-5-5. L. 63: P. 480, § 5. C.R.S. 1963: § 50-5-5. History. Source: L. 07: P. 386, § 5. R.S. 08: § 2455. C.L. § 6356. CSA: C. 61, § 46. CRS 53: § 50-5-5. L. 63: P. 480, § 5. C.R.S. 1963: § 50-5-5.    ANNOTATION   Because corporation is a foreign corporation, in good standing and authorized to do business in Colorado, operates and maintains a pipeline on landowner's properties, conveys petroleum products through its pipelines, and would be responsible for the construction, cost, operation, and maintenance of the pipeline, corporation is a pipeline company for purposes of this section. Sinclair Transp. Co. v. Sandberg, 228 P.3d 198 (Colo. App. 2009), rev'd on other grounds sub nom. Larson v. Sinclair Transp. Co., 2012 CO 36, 284 P.3d 42 .   By enacting this section, the general assembly did not grant, either expressly or by clear implication, the power of eminent domain to companies for the construction of pipelines carrying petroleum. Rather, the general assembly intended to authorize condemnation for the construction of electric power infrastructure. Larson v. Sinclair Transp. Co., 2012 CO 36, 284 P.3d 42.   Applied in Larson v. Chase Pipe Line Co., 183 Colo. 76 , 514 P.2d 1316 (1973).
CO Code § 38-5-106 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 5 - Rights-of-Way: Transmission Companies|§ 38-5-106. Possession Pending Action

 At any time after jurisdiction has been obtained pursuant to section 38-1-103 , the petitioner, upon notice to the respondent pursuant to the Colorado rules of civil procedure, may move for an order for immediate possession. Upon such motion and after hearing, the court, by rule in that behalf made, may authorize the petitioner, upon payment into court or to the clerk thereof of the amount determined by the court as probably sufficient to pay the sum that may ultimately be awarded as compensation and damages for the taking, if not in possession to take possession of such right-of-way, and if already in possession to maintain and keep such possession, and in all cases to use and enjoy such right-of-way during the pendency and until the final conclusion of such proceedings, and the court may stay all actions and proceedings against such petitioner on account thereof. Withdrawal from the sum so deposited may be had as provided in section 38-1-105 (6)(b) . At such hearing for immediate possession, the court shall hear and dispose of all objections that are raised at that time concerning the motion for immediate possession, the legal sufficiency of the petition, or the regularity of the proceedings in any other respect.   History. Source: L. 07: P. 386, § 6. R.S. 08: § 2456. C.L. § 6357. CSA: C. 61, § 47. CRS 53: § 50-5-6. C.R.S. 1963: § 50-5-6. L. 75: Entire section amended, p. 1406, § 2, effective July 18. History. Source: L. 07: P. 386, § 6. R.S. 08: § 2456. C.L. § 6357. CSA: C. 61, § 47. CRS 53: § 50-5-6. C.R.S. 1963: § 50-5-6. L. 75: Entire section amended, p. 1406, § 2, effective July 18.    ANNOTATION   Section inapplicable to acquisition of land for highway purposes. This section has no application whatever to eminent domain proceedings in which rights-of-way for highways are sought, and it is error to assume that this section confers any right or authority to maintain an action hereunder to acquire lands for highway purposes. Swift v. Smith, 119 Colo. 126 , 201 P.2d 609 (1948).   Possession may be acquired only if property acquirable by eminent domain. A public service company may not lawfully acquire immediate possession of any property pursuant to this section unless that property could be lawfully acquired by the exercise of eminent domain. Shaklee v. District Court, 636 P.2d 715 (Colo. 1981).   Possession may not be awarded pending determination of public use. Because land cannot lawfully be condemned pending a judicial determination of the issue of public use, neither may immediate possession pendente lite be awarded. Shaklee v. District Court, 636 P.2d 715 (Colo. 1981).   Applied in Colo. Fuel & Iron Co. v. Four Mile Ry., 29 Colo. 90 , 66 P. 902 (1901); Lavelle v. Town of Julesburg, 49 Colo. 290 , 112 P. 774 (1910); Denver & R.G.R.R. v. Mills, 59 Colo. 198 , 147 P. 681 (1915); Mulford v. Farmers' Reservoir & Irrigation Co., 62 Colo. 167 , 161 P. 301 (1916); Beth Medrosh Hagodol v. City of Aurora, 126 Colo. 267 , 248 P.2d 732 (1952).
CO Code § 38-5-108 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 5 - Rights-of-Way: Transmission Companies|§ 38-5-108. Consent Necessary to Use of Streets

 Nothing in this article shall be construed to authorize any person, partnership, association, corporation, or city or town to erect any poles, construct any electric light power line, or pipeline, or extend any wires or lines along, through, in, upon, under, or over any streets or alleys of any city or incorporated town without first obtaining the consent of the municipal authorities having power to give the consent of such city or incorporated town.   History. Source: L. 07: P. 388, § 8. R.S. 08: § 2458. C.L. § 6359. CSA: C. 61, § 49. CRS 53: § 50-5-8. L. 63: P. 482, § 7. C.R.S. 1963: § 50-5-8. L. 96: Entire section amended, p. 303, § 6, effective April 12. History. Source: L. 07: P. 388, § 8. R.S. 08: § 2458. C.L. § 6359. CSA: C. 61, § 49. CRS 53: § 50-5-8. L. 63: P. 482, § 7. C.R.S. 1963: § 50-5-8. L. 96: Entire section amended, p. 303, § 6, effective April 12.    ANNOTATION   Law reviews. For comment on Englewood v. Mountain States Tel. & Tel. Co., 163 Colo. 400 , 431 P.2d 40 (1967), appearing below, see 40 U. Colo. L. Rev. 167 (1967).   The right to maintain right-of-way continues until the state, which granted the privilege, desires to modify, alter, or withdraw it. City of Englewood v. Mtn. States Tel. & Tel. Co., 163 Colo. 400 , 431 P.2d 40 (1967).   Applied in Town of Lyons v. City of Longmont, 54 Colo. 112 , 129 P. 198 (1912); Pub. Serv. Co. v. City of Loveland, 79 Colo. 216 , 245 P. 493 (1926).
CO Code § 38-5.5-102 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 5.5 - Rights-of-Way: Telecommunications Providers|§ 38-5.5-102. Definitions

 As used in this article 5.5, unless the context otherwise requires:    “Broadband” or “broadband service” has the same meaning as set forth in 7 U.S.C. sec. 950bb (b)(1) as of August 6, 2014, and includes “cable service”, as defined in 47 U.S.C. sec. 522 (6) as of August 6, 2014.    “Broadband facility” means any infrastructure used to deliver broadband service or for the provision of broadband service.    “Broadband provider” means a person that provides broadband service, and includes a “cable operator”, as defined in 47 U.S.C. sec. 522 (5) as of August 6, 2014.    “Collocation” has the same meaning as set forth in section 29-27-402 (3).    “Political subdivision” or “local government entity” means a county; city and county; city; town; service authority; school district; local improvement district; law enforcement authority; water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district; or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law.    “Public highway” or “highway” for purposes of this article 5.5 includes all roads, streets, and alleys and all other dedicated rights-of-way and utility easements of the state or any of its political subdivisions, whether located within the boundaries of a political subdivision or otherwise.    “Small cell facility” has the same meaning as set forth in section 29-27-402 (4).    “Small cell network” has the same meaning as set forth in section 29-27-402 (5).    “Telecommunications provider” means a person that provides telecommunications service, as defined in section 40-15-102 (29), with the exception of cable services as defined by section 602 (5) of the federal “Cable Communications Policy Act of 1984”, 47 U.S.C. sec. 522 (6), pursuant to authority granted by the public utilities commission of this state or by the federal communications commission. “Telecommunications provider” does not mean a person or business using antennas, support towers, equipment, and buildings used to transmit high power over-the-air broadcast of AM and FM radio, VHF and UHF television, and advanced television services, including high definition television. The term “telecommunications provider” is synonymous with “telecommunication provider”.     History. Source: L. 96: Entire article added, p. 299, § 1, effective April 12. L. 2014: (1) amended and (1.2), (1.3), and (1.7) added,(HB 14-1327), ch. 149, p. 507, § 3, effective August 6. L. 2017: Entire section amended,(HB 17-1193), ch. 143, p. 476, § 5, effective July 1.    Editor's note:   Section 602(5) of the federal “Cable Communications Policy Act of 1984” referenced in subsection (3) was repealed October 25, 1994.   Cross references:   For the short title (“Broadband Deployment Act”) in HB 14-1327, see section 1 of chapter 149, Session Laws of Colorado 2014.