reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 22 - CONSOLIDATION (§§ 40-22-101 — 40-22-107) › Section 40-22-107 - Taxation

The portion of the road of such consolidated company in this state and all its real estate and other property shall be subject to like taxation and assessed in the same manner and with like effect as property of other railroad companies within this state.
L. 1883: p. 121, § 7. G.S. § 359. R.S. 08: § 5427. C.L. § 2833. CSA: C. 139, § 19. CRS 53: § 116-3-7. C.R.S. 1963: § 116-3-7.
For the taxation of railroads, see article 4 of title 39.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 23 - REORGANIZATION (§§ 40-23-101 — 40-23-102) › Section 40-23-101 - Right to reorganize

Whenever the railroads, property, and franchises of any railroad company, organized and existing under the laws of this state, are sold and conveyed under or by virtue of any power contained in any trust deed or mortgage or pursuant to the judgment or decree of any court of competent jurisdiction, it is lawful to organize a railroad company under the laws of this state for the purpose of purchasing, maintaining, operating, extending, or completing the railroads, property, and franchises so sold and conveyed.
L. 1885: p. 150, § 1. R.S. 08: § 5428. C.L. § 2834. CSA: C. 139, § 20. CRS 53: § 116-4-1. C.R.S. 1963: § 116-4-1. L. 2008: Entire section amended, p. 1807, § 33, effective July 1.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 23 - REORGANIZATION (§§ 40-23-101 — 40-23-102) › Section 40-23-102 - Power of company so organized

The railroad company so organized has the power to acquire and purchase the property and franchises so sold and conveyed, and to take, hold, exercise, and enjoy all the estate, franchises, rights, powers, privileges, and claims or demands at law or in equity of the corporation whose property and franchises have been so sold and conveyed; and, in payment of the price therefor, such railroad company may issue its capital stock and bonds and may mortgage its property and franchises with such classification of capital stock and bonds as may be agreed upon by and between such railroad company and the parties who may be beneficially interested or who may have the ownership and control of such property and franchises.
L. 1885: p. 150, § 2. R.S. 08: § 5429. C.L. § 2835. CSA: C. 139, § 21. CRS 53: § 116-4-2. C.R.S. 1963: § 116-4-2.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 24 - ELECTRIC AND STREET RAILROADS (§§ 40-24-101 — 40-24-111) › Section 40-24-101 - Street railway - consent necessary

Nothing in articles
20
to
33
of this title shall be construed to allow the construction of any street or other railroad or other structure or substructure for any purpose on, below, or elevated above the surface of the ground of any street or alley within the limits of any such city or town by any corporation or person without the consent of the local authorities of such city or town; but no such consent, however enacted or expressed, on any consideration whatever shall operate to relieve or protect any person or corporation constructing any such street or other railroad or structure or substructure against any claim for damages to private property which otherwise, without such consent, might be lawfully maintained against such person or corporation.
G.L. § 219. G.S. § 266. L. 1885: p. 152, § 1. R.S. 08: § 5420. C.L. § 2823. CSA: C. 139, § 9. CRS 53: § 116-5-1. C.R.S. 1963: § 116-5-1. L. 77: Entire section amended, p. 1240, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 24 - ELECTRIC AND STREET RAILROADS (§§ 40-24-101 — 40-24-111) › Section 40-24-102 - Grant right-of-way - condemnation

The boards of county commissioners in their respective counties in the state of Colorado, with the written consent of a majority of the holders of property (measured by the front foot) abutting on each side of such county roads, have the power to grant to any person, company, corporation, or association outside of cities and towns the right-of-way and franchise for the construction, operation, or maintenance of any electric railroad over, along, and across any county road in their respective counties, upon the terms and conditions provided in section
40-24-103
; and, when necessary to enter upon and use private property in the construction and operation of such roads, such person, company, corporation, or association has the same power of operation and condemnation that the railroad companies have.
L. 07: p. 407, § 1. R.S. 08: § 5432. C.L. § 2836. CSA: C. 139, § 22. CRS 53: § 116-5-2. C.R.S. 1963: § 116-5-2.
For condemnation of rights-of-way, see article 2 of title 38.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 24 - ELECTRIC AND STREET RAILROADS (§§ 40-24-101 — 40-24-111) › Section 40-24-103 - Petition for right-of-way

Any person, company, corporation, or association desiring in good faith to construct, maintain, and operate an electric railroad over, along, or across any county road within any county in this state may petition the board of county commissioners of such county for a franchise and right-of-way for the construction, maintenance, and operation of an electric railroad. The board of county commissioners, in accordance with the conditions provided in this section, may grant said right-of-way and franchise for a period not exceeding twenty years. Before any such person, company, association, or corporation commences the construction of any such electric railroad, there shall be filed with and approved by the board of county commissioners of any such county specifications and surveys with maps, showing all grades and curves of such proposed line of road, together with the exact location and description of all tracks, culverts, bridges, and poles, and the difference, if any, in all grades between such county road and the said proposed line of railroad. Before such specifications, surveys, or maps shall be so approved, at least ten days' public notice of the filing thereof shall be given by such board of county commissioners by publication in some newspaper of general circulation in such county and by the posting of a copy thereof in the office of the county clerk and recorder of such county.
L. 07: p. 407, § 2. R.S. 08: § 5433. C.L. § 2837. CSA: C. 139, § 23. CRS 53: § 116-5-3. C.R.S. 1963: § 116-5-3.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 24 - ELECTRIC AND STREET RAILROADS (§§ 40-24-101 — 40-24-111) › Section 40-24-104 - Railroad to maintain and keep joint road and bridges in good repair

Any person, company, corporation, or association to whom any such right-of-way and franchise is granted shall construct and maintain its railroad on either side of the county road, and, at its own expense and in good substantial manner, shall strengthen and repair all bridges and culverts on said county road which are used or occupied jointly by said electric railroad and the traveling public, and, thereafter during the existence of said franchise, shall contribute and pay not less than one-half of the necessary expense of keeping said bridges and culverts in good repair, and shall pay all expense of keeping public and private crossings planked and in good repair, and, at its own expense, shall widen to not less than twenty-four feet all bridges, culverts, cuts, and embankments on said public highway which are used or occupied jointly by said electric railroad and the traveling public.
L. 07: p. 408, § 3. R.S. 08: § 5434. C.L. § 2838. CSA: C. 139, § 24. CRS 53: § 116-5-4. C.R.S. 1963: § 116-5-4.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 24 - ELECTRIC AND STREET RAILROADS (§§ 40-24-101 — 40-24-111) › Section 40-24-105 - New bridges - construction and maintenance

Whenever it becomes necessary to build or construct any new bridges or culverts on any county road over or along which any person, company, corporation, or association is operating and maintaining an electric railroad, said person, company, corporation, or association shall pay to the party constructing or erecting the same one-half of the expense for the erection and construction of the bridges or culverts which are used jointly by the public and said railroad and shall thereafter pay one-half of the necessary expense of keeping said bridges or culverts used jointly by the public and said railroad in good repair; and the county in which said county road is situated shall contribute and pay out of the county road fund the other one-half of the expense for the construction and maintenance thereafter of any such culverts or bridges. Said bridges or culverts shall be constructed under the joint supervision of the owner or operator of said electric railroad and the board of county commissioners of such county.
L. 07: p. 409, § 4. R.S. 08: § 5435. C.L. § 2839. CSA: C. 139, § 25. CRS 53: § 116-5-5. C.R.S. 1963: § 116-5-5.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 24 - ELECTRIC AND STREET RAILROADS (§§ 40-24-101 — 40-24-111) › Section 40-24-106 - Width of joint bridges

Any bridge or culvert constructed upon any county road or public highway which is to be used jointly by any electric railroad and the traveling public shall not be less than twenty-four feet in width.
L. 07: p. 409, § 5. R.S. 08: § 5436. C.L. § 2840. CSA: C. 139, § 26. CRS 53: § 116-5-6. C.R.S. 1963: § 116-5-6.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 24 - ELECTRIC AND STREET RAILROADS (§§ 40-24-101 — 40-24-111) › Section 40-24-107 - Forfeiture of right-of-way - cause

Whenever any person, company, corporation, or association obtains a franchise and right-of-way to operate an electric railroad over or along any county road in any county in this state and fails, refuses, or neglects, for a period of six months after the granting of any such franchise, to commence the work of constructing such electric railroad and in good faith to continuously prosecute the construction thereof to a final completion or fails, refuses, or neglects to operate or maintain said railroad in good condition and in good faith, for a period of one year at any one time after the granting of said franchise or right-of-way, such person, company, corporation, or association or its assigns shall forfeit all its right, title, and interest in and to such franchise and right-of-way, and the same shall become null and void; and it shall be the duty of the board of county commissioners of the county granting such franchise and the district attorney of the judicial district in which the county is situated to immediately institute the proper legal proceedings to cancel said franchise and all right, title, and interest of said person, company, corporation, or association or its assigns to use or occupy any portion of said county road.
L. 07: p. 409, § 6. R.S. 08: § 5437. C.L. § 2841. CSA: C. 139, § 27. CRS 53: § 116-5-7. C.R.S. 1963: § 116-5-7.
For the penalty for failure of railroad company to commence construction, see § 40-20-105.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 24 - ELECTRIC AND STREET RAILROADS (§§ 40-24-101 — 40-24-111) › Section 40-24-108 - Railroad subject to assignment

Any person, company, corporation, or association obtaining any right-of-way or franchise to construct, operate, and maintain an electric railroad along, over, and across any county road within such county has the right to assign and transfer such franchise and right-of-way to any other person, company, corporation, or association, and the person, company, corporation, or association taking such franchise and right-of-way shall be subject to all the requirements and provisions of sections
40-24-102
to
40-24-108
.
L. 07: p. 410, § 7. R.S. 08: § 5438. C.L. § 2842. CSA: C. 139, § 28. CRS 53: § 116-5-8. C.R.S. 1963: § 116-5-8.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 24 - ELECTRIC AND STREET RAILROADS (§§ 40-24-101 — 40-24-111) › Section 40-24-109 - [Repealed]

L. 01: p. 379, § 1. R.S. 08: § 5439. C.L. § 2843. CSA: C. 139, § 29. CRS 53: § 116-5-9. C.R.S. 1963: § 116-5-9. L. 2000: Entire section repealed, p. 219, § 8, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 24 - ELECTRIC AND STREET RAILROADS (§§ 40-24-101 — 40-24-111) › Section 40-24-110 - [Repealed]

L. 01: p. 379, § 2. R.S. 08: § 5440. C.L. § 2844. CSA: C. 139, § 30. CRS 53: § 116-5-10. C.R.S. 1963: § 116-5-10. L. 2000: Entire section repealed, p. 219, § 8, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 24 - ELECTRIC AND STREET RAILROADS (§§ 40-24-101 — 40-24-111) › Section 40-24-111 - [Repealed]

L. 01: p. 380, § 3. R.S. 08: § 5441. C.L. § 2845. CSA: C. 139, § 31. CRS 53: § 116-5-11. C.R.S. 1963: § 116-5-11. L. 2000: Entire section repealed, p. 219, § 8, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 25 - [Repealed] (§ 40-25-101) › Section 40-25-101 - to 40-25-103 - [Repealed]

L. 2000: Entire article repealed, p. 219, § 8, effective March 29.
This article was numbered as article 6 of chapter 116, C.R.S. 1963, and was not amended prior to its repeal in 2000. For the text of this article prior to 2000, consult the 1999 Colorado Revised Statutes.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 26 - [Repealed] (§ 40-26-101) › Section 40-26-101 - to 40-26-109 - [Repealed]

L. 2000: Entire article repealed, p. 219, § 8, effective March 29.
This article was numbered as article 7 of chapter 116, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 27 - KILLING STOCK - FENCING (§§ 40-27-101 — 40-27-115) › Section 40-27-101 - Owner driving stock on track

If the owner of any stock drives any stock on the line of the track of any railway company or corporation, with intent to injure such company or corporation, and if said stock is killed or injured, the owner shall not receive any damages from the railroad company or corporation therefor, and shall be liable to such company or corporation for all damage such company or corporation may suffer in consequence of said act, and commits a class 6 felony and shall be punished as provided in section
18-1.3-401
, C.R.S.; but nothing in this section shall be construed to prevent any person from allowing his or her stock to pasture on the lands adjacent to the line of such railroads or to drive his or her stock over or across any such track at suitable times and places.
G.L. § 2573. G.S. § 2808. R.S. 08: § 5475. C.L. § 2858. CSA: C. 139, § 44. CRS 53: § 116-8-1. C.R.S. 1963: § 116-8-1. L. 77: Entire section amended, p. 887, § 75, effective 7/1/1979. L. 89: Entire section amended, p. 853, § 147, effective July 1. L. 2002: Entire section amended, p. 1559, § 360, effective October 1.
The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo. 452 , 611 P.2d 574 (1980).
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 27 - KILLING STOCK - FENCING (§§ 40-27-101 — 40-27-115) › Section 40-27-102 - Fence right-of-way - cattle guards

(1)
Every railway company or corporation whose lines or roads, or any part thereof, are open for use, within six months after the lines of such railways or any part thereof are open, except at the crossings of public roads and highways and within the limits of incorporated towns and cities or the yard limits of established stations, shall erect and thereafter maintain fences on the sides of their roads, or the part thereof open to use, where the same pass through, along, or adjoining enclosed or cultivated fields or unenclosed lands, with openings and gates therein to be hung and have latches and hinges, so that they may be opened and shut at all necessary farm crossings of the road, for the use of the proprietors or owners of the land adjoining such railroad, and shall construct and maintain at all public road crossings good and sufficient cattle guards.
(2)
Such fences, gates, and cattle guards for the protection of livestock shall be constructed as defined in section
35-46-101(1)
, C.R.S., and shall be amply sufficient to prevent horses, mules, asses, and cattle from getting on said railroads; and, so long as such fences and guards, or any part thereof, are not sufficient or not in sufficiently good repair to accomplish the objective for which they are intended, such railroad corporation shall be liable for any and all damages which are done by the agent, employees, engines, trains, or cars of any other corporation permitted and running over and upon their said railroad to any such cattle, horses, asses, or mules thereon. When such fences, gates, and guards have been built and duly made and are kept in good and sufficient repair, such railroad corporation shall not be liable for any such damages unless the same were occasioned by the negligence or carelessness of such railway company or corporation or the assignee or lessee thereof.
(3)
Where gates are constructed and maintained at farm crossings, opening into enclosed pastures or cultivated fields, it is the duty of the owner or occupant of such fields or pastures so provided with gates to see that such gates are kept closed at all times when not actually in use, and where it is shown that any such gate has been left open, the owner or occupant of such lands shall be held responsible for any stock killed or damaged because of such open gate.
L. 11: p. 400, § 1. C.L. § 2863. CSA: C. 139, § 49. CRS 53: § 116-8-2. C.R.S. 1963: § 116-8-2.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 27 - KILLING STOCK - FENCING (§§ 40-27-101 — 40-27-115) › Section 40-27-103 - Liability for injury to stock

Any railroad company running or operating its roads in this state and failing to fence on both sides thereof against livestock running at large at all points shall be absolutely liable to the owners of any such livestock killed, injured, or damaged by their agents, employees, engines, or cars or by the agents, employees, engines, or cars belonging to any other railroad company or corporation running over and upon such road.
L. 11: p. 401, § 2. C.L. § 2864. CSA: C. 139, § 50. CRS 53: § 116-8-3. C.R.S. 1963: § 116-8-3.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 27 - KILLING STOCK - FENCING (§§ 40-27-101 — 40-27-115) › Section 40-27-104 - Compliance prima facie defense

Any railway company or corporation or the assignee or lessee thereof whose road is enclosed with good and sufficient fences, gates, and cattle guards, as provided in section
40-27-102
, capable of keeping such animals from being upon such road may plead and prove the same as a defense to any action under sections
40-27-102
to
40-27-113
for any killing, damaging, or injury to such animals occurring within such enclosure; but such plea or fact shall not be held to preclude the owner or his agent from showing that such killing, damage, or injury was caused by the negligence or carelessness of such railway company or corporation or the assignee or lessee thereof, for the purpose of showing liability notwithstanding such fencing.
L. 11: p. 402, § 3. C.L. § 2865. CSA: C. 139, § 51. CRS 53: § 116-8-4. C.R.S. 1963: § 116-8-4.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 27 - KILLING STOCK - FENCING (§§ 40-27-101 — 40-27-115) › Section 40-27-105 - Burden of proof

The killing or injury of any animal by a railway company or corporation shall be prima facie evidence of the negligence of said railway company or corporation, and every railway company or corporation in this state and every assignee or lessee thereof shall be liable to pay to the owner the full value of each animal killed and all damages to each animal injured by the engines or cars of such railway company or corporation in this state or the assignee or lessee thereof unless the railway company or corporation, by competent evidence, shall affirmatively show that such killing or wounding was not caused by the negligence of such railway company or corporation or the assignee or lessee thereof. On the trial of all actions for damages arising under this article, in order to admit evidence of absence of negligence, the defendants shall first be held to show a compliance with sections
40-27-102
to
40-27-113
in relation to the erection and maintenance of fences, gates, and cattle guards.
L. 11: p. 402, § 4. C.L. § 2866. CSA: C. 139, § 52. CRS 53: § 116-8-5. C.R.S. 1963: § 116-8-5.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 27 - KILLING STOCK - FENCING (§§ 40-27-101 — 40-27-115) › Section 40-27-106 - Engineer to notify agent - inspection

(1)
Whenever any cattle, sheep, horses, mules, or asses are killed or injured by any train, engine, or car upon any railway in this state, it is the duty of the engineer operating the engine, train, or car to notify the station agent at the first station at which the train stops after the killing or wounding or the superintendent or other proper official at the end of the division where the engineer's run ends. Should none of the employees of the train be aware of such killing or wounding, then it is the duty of any employee of the railway who becomes aware of such accident to notify the station agent at the nearest station to the point where the accident occurred.
(2)
It is the duty of the railroad company, through its station agent or such other official as may be designated, upon receipt of the information of the killing or wounding of any such livestock by any engine, train, or car, as soon as may be, to notify the section foreman upon whose section the accident occurred and also the nearest inspector of the state board of stock inspection commissioners.
(3)
It is the duty of the section foreman upon receiving the information to go to the point where the animal was killed or injured as soon as may be and there inspect the same, securing a full description of the animal together with any brands or marks that are upon the same and such other details as may serve to determine the ownership of such animal.
(4)
It is the duty of said stock inspector, as soon as may be after receiving said notice, to go to the point where the animal was killed or injured and there inspect the same, securing a full description of the animal together with any brands or marks that may be on the same and such other details as may serve to determine ownership of such animal. It is also the duty of the inspector to estimate as nearly as possible the probable value of said animal if killed or the amount of damages if injured.
(5)
Should the animal be so badly injured that it is in great suffering and cannot live or recover, it is the duty of either the stock inspector or the section foreman upon inspection to immediately kill the animal. If through any cause such an authorized inspector does not appear to inspect such animal so killed within thirty-six hours after such killing, it is the duty of the section foreman to remove the hide of said animal and preserve the same until it has been inspected by such inspector, and thereafter the carcass of such animal shall be disposed of by the railroad company, without prejudice to its rights, in such manner as it may determine.
L. 11: p. 402, § 5. C.L. § 2867. CSA: C. 139, § 53. CRS 53: § 116-8-6. C.R.S. 1963: § 116-8-6.
For the creation of a state board of stock inspection commissioners, see article 41 of title 35.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 27 - KILLING STOCK - FENCING (§§ 40-27-101 — 40-27-115) › Section 40-27-107 - Reports of inspector and foreman

After making such examination it is the duty of the stock inspector to immediately forward a report to the secretary of the state board of stock inspection commissioners showing all the facts in regard to the killing or wounding of said animal, together with a full description and the estimated value of same, and it is the duty of the foreman of the section to likewise make a similar report to the claim agent of said railroad company or corporation or the assignee or lessee thereof.
L. 11: p. 403, § 6. C.L. § 2868. CSA: C. 139, § 54. CRS 53: § 116-8-7. C.R.S. 1963: § 116-8-7.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 27 - KILLING STOCK - FENCING (§§ 40-27-101 — 40-27-115) › Section 40-27-108 - Notification of owner and claim agent

(1)
Upon receipt of the information from any authorized stock inspector of the killing or wounding of any animal by any railroad company or by its engine, cars, or trains, it is the duty of the secretary of the state board of stock inspection commissioners to notify the owner of said animal so killed or injured, informing him of the facts and the estimated value placed upon said animal by the stock inspector, and he shall also send a copy of this report to the claim agent or other authorized official of the railway company responsible for said killing or injuring.
(2)
Should the secretary be unable to determine from the description furnished by the stock inspector the owner or probable owner of such animal so killed or injured, he shall cause an advertisement to be placed in a newspaper published in the county where said killing or wounding occurred, describing the animal so killed or injured, giving the marks or brands appearing on said animal, if any, and notifying the owner to appear within six months of the date of such killing or injuring and make claim for said animal. Said advertisement shall appear for two consecutive weeks. The cost of such advertisement shall be paid out of the brand inspection fund of the state board of stock inspection commissioners and shall be deducted from the amount of damages that may be awarded against the railway company or corporation. Should no claim be made for any animal so advertised, the cost of such advertising shall be paid by the railroad company responsible for such killing or injuring and shall be deposited in the brand inspection fund of said board.
L. 11: p. 404, § 7. C.L. § 2869. CSA: C. 139, § 55. CRS 53: § 116-8-8. C.R.S. 1963: § 116-8-8. L. 2002: (2) amended, p. 1007, § 4, effective August 7.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 27 - KILLING STOCK - FENCING (§§ 40-27-101 — 40-27-115) › Section 40-27-109 - Proof of ownership and value

(1)
The owner or duly authorized agent of the owner of any animal so killed or injured by any railway company within this state, within thirty days after notice of such killing or injuring, shall make proof that he was the owner or authorized agent of the owner of the animal so killed or injured or that he is the owner of the recorded brand found upon the animal so killed or damaged at the time of such killing or damaging, and said proof may be delivered to the secretary of the state board of stock inspection commissioners who shall notify said railway company or corporation or the assignee or lessee thereof and make demand that said railway company pay to the said state board of stock inspection commissioners for the benefit of the owner the estimated value of said animal if killed or the estimated amount of damages if injured, which shall be settlement in full of all claim for such damage. The secretary of the state board of stock inspection commissioners shall give a receipt in full of said money when received and shall deposit the same in the brand inspection fund of said board, and after paying any advertising charges that may be due against said amount, the balance shall be paid out on voucher to the owner or authorized agent of the owner entitled to receive same.
(2)
Should the owner or authorized agent of the owner of any such animal so killed or injured be dissatisfied with the estimated value placed upon such animal by the stock inspector, he may file with the said state board of stock inspection commissioners a claim for such amount of damage he thinks is justly due, and he has the right to produce such evidence in support of his claim as he may think necessary at any regular meeting of said board. Should the railroad company or corporation against whom such claim is made be dissatisfied with the estimated value placed upon any animal so killed or injured, it also has the right, through its claim agent or other authorized officer, to appear before the said state board of stock inspection commissioners at any regular meeting of said board and present such evidence as it may desire in support of its contention.
L. 11: p. 404, § 8. C.L. § 2870. CSA: C. 139, § 56. CRS 53: § 116-8-9. C.R.S. 1963: § 116-8-9.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 27 - KILLING STOCK - FENCING (§§ 40-27-101 — 40-27-115) › Section 40-27-110 - Value of animal - finding of board

Whenever any owner of any animal so killed or wounded or any railroad company or corporation or the assignee or lessee thereof submits any such claim for killing or damaging of livestock to the state board of stock inspection commissioners for determination as to what damage if any shall be paid by said railroad company, the finding of said state board of stock inspection commissioners in regard thereto shall be considered as an arbitration thereof. The finding of said board shall be final and shall also be so accepted by the said owner or his authorized agent or by said railroad company or corporation, and the state board of stock inspection commissioners shall have the right to make such investigation, through its inspectors or otherwise, as it may think necessary in order to determine the just and equitable amount that should be paid as damages or it may determine that no damages shall be paid, as the facts may warrant.
L. 11: p. 405, § 9. C.L. § 2871. CSA: C. 139, § 57. CRS 53: § 116-8-10. C.R.S. 1963: § 116-8-10.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 27 - KILLING STOCK - FENCING (§§ 40-27-101 — 40-27-115) › Section 40-27-111 - Owner declining estimate

Should any owner of any animal so killed or wounded by any railroad company decline to accept the estimated value of such animal or the estimated amount of such damage as fixed by the stock inspector or to submit the same to the arbitration of the said board, within six months he shall file sworn proof and affidavit of his claim with the station agent of such railroad company or corporation, and the railway company or corporation or the assignee or lessee thereof shall pay to such person delivering such demand the actual value of said animal if killed or the actual amount of damage if injured. If such claim for damages and such proof of ownership is not presented to the station agent of said railway company or corporation within six months of the date of such killing or injuring, it shall thereafter be forever barred.
L. 11: p. 406, § 10. C.L. § 2872. CSA: C. 139, § 58. CRS 53: § 116-8-11. C.R.S. 1963: § 116-8-11.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 27 - KILLING STOCK - FENCING (§§ 40-27-101 — 40-27-115) › Section 40-27-112 - Time for payment and suit

In case such railway company or corporation or the assignee or lessee thereof fails for thirty days after demand made therefor by the owner of any animal or his agent or attorney to pay such owner or his agent or attorney the value of said animal as claimed, then such owner, within six months from date of filing claim, may sue and recover the same from such railroad company or corporation or the assignee or lessee thereof in any court of competent jurisdiction in the county in which said animal was killed or injured, together with the legal interest thereon from the date such animal was killed or injured. Any person having a claim arising under the provisions of sections
40-27-102
to
40-27-113
may assign same in writing to any other claimant or person for value or for the purpose of suit, who shall thereupon have all the rights and remedies of the assignor; but, in case it becomes necessary on the part of any owner to establish claim for any animal so killed or injured in a court of competent jurisdiction, he shall have the right to establish the actual and market value of such animal or the actual damage so sustained.
L. 11: p. 406, § 11. C.L. § 2873. CSA: C. 139, § 59. CRS 53: § 116-8-12. C.R.S. 1963: § 116-8-12.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 27 - KILLING STOCK - FENCING (§§ 40-27-101 — 40-27-115) › Section 40-27-113 - Evidence destroyed - penalty

Any person who in any way conceals the evidence of the killing or wounding of any animal by any railroad train, engine, or cars on any railroad in this state or who in any way destroys or covers up the evidence that may lead to the identification of any animal so killed or injured commits a class 2 misdemeanor.
Amended by 2021 Ch. 462, § 703, eff. 3/1/2022.
L. 11: p. 407, § 12. C.L. § 2874. CSA: C. 139, § 60. CRS 53: § 116-8-13. L. 63: p. 340, § 57. C.R.S. 1963: § 116-8-13. L. 2021: Entire section amended, (SB 21-271), ch. 3298, p. 3298, § 703, effective 3/1/2022.
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).
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 27 - KILLING STOCK - FENCING (§§ 40-27-101 — 40-27-115) › Section 40-27-114 - Care of animals injured

Whenever any horse, cow, or other animal is injured by a train or otherwise on the right-of-way of any railroad company, it is the duty of trackwalkers, section men, brakemen, conductors, firefighters, engineers, and other employees of said company to care for such animal at once and report the facts to the nearest station agent and then notify the state board of stock inspection commissioners. It is the duty of the agent to give immediate notice, when possible, of the condition of such animal to the owner or the owner's agent whose duty it is forthwith upon receipt of notice to have such animal properly cared for. When immediate notice to the owner is not possible, it is the duty of the station agent to have such injured animal properly cared for without delay.
L. 05: p. 286, § 1. R.S. 08: § 5497. C.L. § 2875. CSA: C. 139, § 61. CRS 53: § 116-8-14. C.R.S. 1963: § 116-8-14. L. 97: Entire section amended, p. 1031, § 64, effective August 6.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 27 - KILLING STOCK - FENCING (§§ 40-27-101 — 40-27-115) › Section 40-27-115 - Admission of liability - waiver of claim

No act of the said railroad company, its employees or agent, or the owner of such injured animal shall be held to be an admission of liability or responsibility on the part of the said company for the injury of the said animal nor a waiver or relinquishment by said owner of any right or claim to damages from said company.
L. 05: p. 286, § 2. R.S. 08: § 5498. C.L. § 2876. CSA: C. 139, § 62. CRS 53: § 116-8-15. C.R.S. 1963: § 116-8-15.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 28 - [Repealed] (§ 40-28-101) › Section 40-28-101 - to 40-28-105 - [Repealed]

L. 2000: Entire article repealed, p. 219, § 8, effective March 29.
This article was numbered as article 9 of chapter 116, C.R.S. 1963, and was not amended prior to its repeal in 2000. For the text of this article prior to 2000, consult the 1999 Colorado Revised Statutes.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 29 - SAFETY APPLIANCES (§§ 40-29-101 — 40-29-116) › Section 40-29-101 - Switch lights

Any railroad or railway company owning or operating within this state any line or branch of railroad connecting with any main line of railroad by means of a switch shall provide such switch with a reflector signal or with a suitable light such as is commonly used for such purposes and, if a light is provided, shall keep the same lighted from sunset on each and every calendar day of the year until sunrise on the following day.
L. 03: p. 405, § 1. R.S. 08: § 5504. C.L. § 2882. CSA: C. 139, § 68. L. 45: p. 545, § 1. CRS 53: § 116-10-1. C.R.S. 1963: § 116-10-1.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 29 - SAFETY APPLIANCES (§§ 40-29-101 — 40-29-116) › Section 40-29-102 - Violation - penalty

Any railroad or railway company which violates, or permits to be violated, any of the provisions of section
40-29-101
, or any officer, agent, or employee of such railroad or railway company who violates, or permits to be violated, any of the provisions of said section shall be fined not more than three hundred dollars for each violation.
L. 03: p. 405, § 2. R.S. 08: § 5505. C.L. § 2883. CSA: C. 139, § 69. CRS 53: § 116-10-2. C.R.S. 1963: § 116-10-2.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 29 - SAFETY APPLIANCES (§§ 40-29-101 — 40-29-116) › Section 40-29-103 - Jurisdiction of county courts

The county court has jurisdiction of any offense under sections
40-29-101
and
40-29-102
.
L. 03: p. 405, § 3. R.S. 08: § 5506. C.L. § 2884. CSA: C. 139, § 70. CRS 53: § 116-10-3. C.R.S. 1963: § 116-10-3. L. 64: p. 307, § 267.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 29 - SAFETY APPLIANCES (§§ 40-29-101 — 40-29-116) › Section 40-29-104 - [Repealed]

L. 1897: p. 258, § 1. R.S. 08: § 5507. C.L. § 2885. CSA: C. 139, § 71. CRS 53: § 116-10-4. C.R.S. 1963: § 116-10-4. L. 2000: Entire section repealed, p. 219, § 8, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 29 - SAFETY APPLIANCES (§§ 40-29-101 — 40-29-116) › Section 40-29-105 - [Repealed]

L. 1897: p. 258, § 2. R.S. 08: § 5508. C.L. § 2886. CSA: C. 139, § 72. CRS 53: § 116-10-5. C.R.S. 1963: § 116-10-5. L. 2000: Entire section repealed, p. 219, § 8, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 29 - SAFETY APPLIANCES (§§ 40-29-101 — 40-29-116) › Section 40-29-106 - Locomotive headlights - exceptions

It is the duty of every railroad corporation, receiver, or lessee thereof operating any line of railroad in this state to equip all locomotive engines used in the transportation of trains over said railroad with headlights of not less than twelve hundred candle power, measured without the aid of a reflector; but this section and section
40-29-107
shall not apply to locomotive engines which are regularly employed in yard service, known as switch engines; engines running for a distance of not more than sixteen miles within the limits of this state to complete their runs; those used exclusively between sunrise and sunset; nor engines going to or returning from repair shops when ordered to such shops for repair.
L. 13: p. 516, § 1. C.L. § 2887. CSA: C. 139, § 73. CRS 53: § 116-10-6. C.R.S. 1963: § 116-10-6.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 29 - SAFETY APPLIANCES (§§ 40-29-101 — 40-29-116) › Section 40-29-107 - Violation - penalty

Any railroad company or the receiver or lessee thereof doing business in the state of Colorado which violates the provisions of section
40-29-106
shall be liable to the state of Colorado for a penalty of not less than one hundred dollars nor more than one thousand dollars for each and every locomotive not so equipped, counting each train hauled by such locomotive a separate and distinct offense, and such penalties shall be recovered and suit brought in the name of the state of Colorado in a court of proper jurisdiction in any county in or through which such line of railroad may be operated.
L. 13: p. 516, § 2. C.L. § 2888. CSA: C. 139, § 74. CRS 53: § 116-10-7. C.R.S. 1963: § 116-10-7.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 29 - SAFETY APPLIANCES (§§ 40-29-101 — 40-29-116) › Section 40-29-108 - [Repealed]

L. 57: p. 601, § 1. CRS 53: § 116-10-8. L. 59: p. 634, § 1. C.R.S. 1963: § 116-10-8. L. 2000: Entire section repealed, p. 219, § 8, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 29 - SAFETY APPLIANCES (§§ 40-29-101 — 40-29-116) › Section 40-29-109 - [Repealed]

L. 57: p. 602, § 2. CRS 53: § 116-10-9. L. 59: p. 635, § 2. C.R.S. 1963: § 116-10-9. L. 2000: Entire section repealed, p. 219, § 8, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 29 - SAFETY APPLIANCES (§§ 40-29-101 — 40-29-116) › Section 40-29-110 - Duties of commission

For the purpose of protecting the health and safety of employees of railroads, the public utilities commission of Colorado shall prescribe standards of safety.
L. 57: p. 603, § 1. CRS 53: § 116-10-10. C.R.S. 1963: § 116-10-10. L. 2000: Entire section amended, p. 219, § 9, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 29 - SAFETY APPLIANCES (§§ 40-29-101 — 40-29-116) › Section 40-29-111 - Compliance

(1)
It is the duty of all persons engaged in the operation of railroads to comply with any regulation or order of the commission issued under the provisions of section
40-29-110
and to furnish any information required by the commission for purposes of section
40-29-110
. The provisions of said section shall not apply to any caboose operated on tracks of less than standard gauge nor to any caboose used only in yard service.
(2)
The commission or its authorized agent may, during reasonable hours, enter the place of operation of any person engaged in the operation of railroads for the purpose of ascertaining whether the standards prescribed by authority of section
40-29-110
are being complied with.
L. 57: p. 603, § 2. CRS 53: § 116-10-11. C.R.S. 1963: § 116-10-11. L. 2000: (1) amended, p. 219, § 10, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 29 - SAFETY APPLIANCES (§§ 40-29-101 — 40-29-116) › Section 40-29-112 - [Repealed]

L. 57: p. 604, § 3. CRS 53: § 116-10-12. C.R.S. 1963: § 116-10-12. L. 2000: Entire section repealed, p. 219, § 8, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 29 - SAFETY APPLIANCES (§§ 40-29-101 — 40-29-116) › Section 40-29-113 - [Repealed]

L. 57: p. 604, § 4. CRS 53: § 116-10-13. C.R.S. 1963: § 116-10-13. L. 2000: Entire section repealed, p. 219, § 8, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 29 - SAFETY APPLIANCES (§§ 40-29-101 — 40-29-116) › Section 40-29-114 - [Repealed]

L. 57: p. 604, § 5. CRS 53: § 116-10-14. C.R.S. 1963: § 116-10-14. L. 2000: Entire section repealed, p. 219, § 8, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 29 - SAFETY APPLIANCES (§§ 40-29-101 — 40-29-116) › Section 40-29-115 - [Repealed]

L. 57: p. 604, § 6. CRS 53: § 116-10-15. C.R.S. 1963: § 116-10-15. L. 2000: Entire section repealed, p. 219, § 8, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 29 - SAFETY APPLIANCES (§§ 40-29-101 — 40-29-116) › Section 40-29-116 - Highway-rail crossing signalization fund created - annual appropriation

(1)
The highway-rail crossing signalization fund is hereby created in the state treasury, in order to promote the public safety and to provide for the payment of the costs of installing, reconstructing, and improving automatic and other safety appliance signals or devices at crossings at grade of public highways or roads over the tracks of any railroad or street railway corporation in this state. None of the moneys in the highway-rail crossing signalization fund shall be used to pay any part of the cost of the installation, reconstruction, or improvement of any such signals or devices at any crossing when any part of such cost will be paid from moneys available under any federal or federal-aid highway act.
(2)
For the 2016-17 fiscal year, the sum of two hundred forty thousand dollars is appropriated from the highway users tax fund created in section
43-4-201(1)(a)
, C.R.S., to the highway-rail crossing signalization fund as authorized by section
43-4-201(3)(a)(VI)
, C.R.S. Pursuant to section
40-2-114(1)(a)(II)
, for the 2017-18 fiscal year and for each fiscal year thereafter, the lesser of three percent of the fees collected under section
40-2-113
or an amount of the fees equal to two hundred forty thousand dollars plus a cumulative inflation adjustment of two percent for each fiscal year beginning with the 2017-18 fiscal year is credited to the highway-rail crossing signalization fund. Notwithstanding section
24-36-114(1)
, C.R.S., any interest earned on the deposit and investment of moneys in the highway-rail crossing signalization fund shall remain in the fund and shall not be credited or transferred to the general fund or any other fund. Such earned interest moneys are hereby continuously appropriated to the public utilities commission for use for the purposes of the highway-rail crossing signalization fund.
(3)
Notwithstanding any other provision of this section, on July 1, 2020, the state treasurer shall transfer one million seven thousand one hundred seventy-six dollars from the highway-rail crossing signalization fund to the general fund.
Amended by 2020 Ch. 178,§ 22, eff. 6/29/2020.
Amended by 2016 Ch. 217,§ 2, eff. 6/6/2016.
L. 2003: Entire section added, p. 1701, § 10, effective May 14. L. 2008: Entire section amended, p. 1807, § 34, effective July 1. L. 2016: (2) amended, (SB 16-087), ch. 832, p. 832, § 2, effective June 6. L. 2020: (3) added, (HB 20-1406), ch. 814, p. 814, § 22, effective June 29.