reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 4 - RIGHTS-OF-WAY: DESIGNATED COMMON CARRIERS (§§ 38-4-101 — 38-4-116) › Section 38-4-109 - Owner to have access to tunnel

The owner of such vein or lode so intersected shall have the right, at any reasonable time and from time to time, upon application to the superintendent or other managing officer of such tunnel corporation, to enter such tunnel with his surveyors and inspectors for the purpose of inspecting and making a survey of any such vein or lode. The owner of such vein or lode and his employees shall have the right of ingress and egress into and out of said tunnel at all reasonable times.
L. 07: p. 284, § 9. R.S. 08: § 2443. C.L. § 6344. CSA: C. 61, § 34. CRS 53: § 50-4-9. C.R.S. 1963: § 50-4-9.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 4 - RIGHTS-OF-WAY: DESIGNATED COMMON CARRIERS (§§ 38-4-101 — 38-4-116) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 4 - RIGHTS-OF-WAY: DESIGNATED COMMON CARRIERS (§§ 38-4-101 — 38-4-116) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 4 - RIGHTS-OF-WAY: DESIGNATED COMMON CARRIERS (§§ 38-4-101 — 38-4-116) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 4 - RIGHTS-OF-WAY: DESIGNATED COMMON CARRIERS (§§ 38-4-101 — 38-4-116) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 4 - RIGHTS-OF-WAY: DESIGNATED COMMON CARRIERS (§§ 38-4-101 — 38-4-116) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 4 - RIGHTS-OF-WAY: DESIGNATED COMMON CARRIERS (§§ 38-4-101 — 38-4-116) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 4 - RIGHTS-OF-WAY: DESIGNATED COMMON CARRIERS (§§ 38-4-101 — 38-4-116) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 5 - RIGHTS-OF-WAY: TRANSMISSION COMPANIES (§§ 38-5-101 — 38-5-109) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 5 - RIGHTS-OF-WAY: TRANSMISSION COMPANIES (§§ 38-5-101 — 38-5-109) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 5 - RIGHTS-OF-WAY: TRANSMISSION COMPANIES (§§ 38-5-101 — 38-5-109) › Section 38-5-103 - Power of companies to contract

(1)
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.
(2)
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.
Amended by 2019 Ch. 424,§ 3, eff. 8/2/2019.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 5 - RIGHTS-OF-WAY: TRANSMISSION COMPANIES (§§ 38-5-101 — 38-5-109) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 5 - RIGHTS-OF-WAY: TRANSMISSION COMPANIES (§§ 38-5-101 — 38-5-109) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 5 - RIGHTS-OF-WAY: TRANSMISSION COMPANIES (§§ 38-5-101 — 38-5-109) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 5.5 - RIGHTS-OF-WAY: TELECOMMUNICATIONS PROVIDERS (§§ 38-5.5-101 — 38-5.5-109) › Section 38-5.5-102 - Definitions

As used in this article 5.5, unless the context otherwise requires:
(1)
"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.
(2)
"Broadband facility" means any infrastructure used to deliver broadband service or for the provision of broadband service.
(3)
"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.
(4)
"Collocation" has the same meaning as set forth in section
29-27-402(3)
.
(5)
"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.
(6)
"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.
(7)
"Small cell facility" has the same meaning as set forth in section
29-27-402(4)
.
(8)
"Small cell network" has the same meaning as set forth in section
29-27-402(5)
.
(9)
"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".
Amended by 2017 Ch. 143,§ 5, eff. 7/1/2017.
Amended by 2014 Ch. 149,§ 3, eff. 8/6/2014.
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.
Section 602(5) of the federal "Cable Communications Policy Act of 1984" referenced in subsection (3) was repealed October 25, 1994.
For the short title ("Broadband Deployment Act") in HB 14-1327, see section 1 of chapter 149, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 5.5 - RIGHTS-OF-WAY: TELECOMMUNICATIONS PROVIDERS (§§ 38-5.5-101 — 38-5.5-109) › Section 38-5.5-103 - Use of public highways - discrimination prohibited - content regulation prohibited

(1)
(a)
Any domestic or foreign telecommunications provider or broadband provider authorized to do business under the laws of this state has the right to construct, maintain, and operate conduit, cable, switches, and related appurtenances and facilities, and communications and broadband facilities, including small cell facilities and small cell networks, along, across, upon, above, and under any public highway in this state, subject to this article 5.5 and article
1.5
of title
9
.
(b)
The construction, maintenance, operation, and regulation of the facilities described in subsection (1)(a) of this section, including the right to occupy and utilize the public rights-of-way, by telecommunications providers and broadband providers are matters of statewide concern. The facilities shall be constructed and maintained so as not to obstruct or hinder the usual travel on a highway.
(2)
A political subdivision shall not discriminate among or grant a preference to competing telecommunications providers or broadband providers in the issuance of permits or the passage of any ordinance for the use of its rights-of-way, nor create or erect any unreasonable requirements for entry to the rights-of-way for the providers.
(3)
A political subdivision shall not regulate a telecommunications provider or a broadband provider based upon the content or type of signals that are carried or capable of being carried over the provider's facilities; except that nothing in this subsection (3) prevents regulation by a political subdivision when the authority to regulate has been granted to the political subdivision under federal law.
Amended by 2017 Ch. 143,§ 6, eff. 7/1/2017.
Amended by 2014 Ch. 149,§ 4, eff. 8/6/2014.
L. 96: Entire article added, p. 300, § 1, effective April 12. L. 2014: (1) amended, (HB 14-1327), ch. 149, p. 507, § 4, effective August 6. L. 2017: Entire section amended, (HB 17-1193), ch. 143, p. 477, § 6, effective July 1.
For the short title ("Broadband Deployment Act") in HB 14-1327, see section 1 of chapter 149, Session Laws of Colorado 2014.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 5.5 - RIGHTS-OF-WAY: TELECOMMUNICATIONS PROVIDERS (§§ 38-5.5-101 — 38-5.5-109) › Section 38-5.5-104 - Right-of-way across state land

Any domestic or foreign telecommunications provider or broadband provider authorized to do business under the laws of this state has the right to construct, maintain, and operate lines of communication, switches, and related facilities, and communications and broadband facilities, including small cell facilities and small cell networks, and obtain a permanent right-of-way for the facilities over, upon, under, and across all public lands owned by or under the control of the state, upon the payment of just compensation and upon compliance with reasonable conditions as the state board of land commissioners may require.
Amended by 2017 Ch. 143,§ 7, eff. 7/1/2017.
L. 96: Entire article added, p. 300, § 1, effective April 12. L. 2017: Entire section amended, (HB 17-1193), ch. 143, p. 478, § 7, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 5.5 - RIGHTS-OF-WAY: TELECOMMUNICATIONS PROVIDERS (§§ 38-5.5-101 — 38-5.5-109) › Section 38-5.5-104.5 - Use of local government entity structures

(1)
Except as provided in subsection (2) of this section and subject to the requirements and limitations of this article 5.5, sections
29-27-403
and
29-27-404
, and a local government entity's police powers, a telecommunications provider or a broadband provider has the right to locate or collocate small cell facilities or small cell networks on the light poles, light standards, traffic signals, or utility poles in the rights-of-way owned by the local government entity; except that, a small cell facility or a small cell network shall not be located or mounted on any apparatus, pole, or signal with tolling collection or enforcement equipment attached.
(2)
If, at any time, the construction, installation, operation, or maintenance of a small cell facility on a local government entity's light pole, light standard, traffic signal, or utility pole fails to comply with applicable law, the local government entity, by providing the telecommunications provider or the broadband provider notice and a reasonable opportunity to cure the noncompliance, may:
(a)
Cause the attachment on the affected structure to be removed; and
(b)
Prohibit future, noncompliant use of the light pole, light standard, traffic signal, or utility pole.
(3)
(a)
Except as provided in subsections (3)(b) and (3)(c) of this section, a local government entity shall not impose any fee or require any application or permit for the installation, placement, operation, maintenance, or replacement of micro wireless facilities that are suspended on cable operator-owned cables or lines that are strung between existing utility poles in compliance with national safety codes.
(b)
A local government entity with a municipal or county code that requires an application or permit for the installation of micro wireless facilities may, but is not required to, continue the application or permit requirement subsequent to July 1, 2017.
(c)
A local government entity may require a single-use right-of-way permit if the installation, placement, operation, maintenance, or replacement of micro wireless facilities:
(I)
Involves working within a highway travel lane or requires the closure of a highway travel lane;
(II)
Disturbs the pavement or a shoulder, roadway, or ditch line;
(III)
Includes placement on limited access rights-of-way; or
(IV)
Requires any specific precautions to ensure the safety of the traveling public; the protection of public infrastructure; or the operation of public infrastructure; and such activities either were not authorized in, or will be conducted in a time, place, or manner that is inconsistent with, the approval terms of the existing permit for the facility or structure upon which the micro wireless facility is attached.
Added by 2017 Ch. 143,§ 8, eff. 7/1/2017.
L. 2017: Entire section added, (HB 17-1193), ch. 143, p. 478, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 5.5 - RIGHTS-OF-WAY: TELECOMMUNICATIONS PROVIDERS (§§ 38-5.5-101 — 38-5.5-109) › Section 38-5.5-105 - Power of companies to contract

Any domestic or foreign telecommunications provider or broadband provider has the power to contract with any individual; corporation; or the owner of any lands, franchise, easement, or interest therein over or under which the provider's conduits; cable; switches; communications or broadband facilities, including small cell facilities and small cell networks; or related appurtenances and facilities are proposed to be laid or created for the right-of-way for the construction, maintenance, and operation of the facilities or for the erection, maintenance, occupation, and operation of offices at suitable distances for the public accommodation.
Amended by 2017 Ch. 143,§ 9, eff. 7/1/2017.
L. 96: Entire article added, p. 301, § 1, effective April 12. L. 2017: Entire section amended, (HB 17-1193), ch. 143, p. 479, § 9, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 5.5 - RIGHTS-OF-WAY: TELECOMMUNICATIONS PROVIDERS (§§ 38-5.5-101 — 38-5.5-109) › Section 38-5.5-106 - Consent necessary for use of streets

(1)
(a)
This article 5.5 does not authorize any telecommunications provider or broadband provider to erect, within a political subdivision, any poles or construct any communications or broadband facilities, including small cell facilities and small cell networks; conduit; cable; switch; or related appurtenances and facilities along, through, in, upon, under, or over any public highway without first obtaining the consent of the authorities having power to give the consent of the political subdivision.
(b)
A telecommunications provider or broadband provider that, on or before July 1, 2017, either has obtained consent of the political subdivision having power to give consent or is lawfully occupying a public highway in a political subdivision need not apply for additional or continued consent of the political subdivision under this section.
(c)
Notwithstanding any other provision of law, a political subdivision's consent given to a telecommunications provider or a broadband provider to erect or construct any poles, or to locate or collocate communications and broadband facilities on vertical structures in a right-of-way, does not extend to the location of new facilities or to the erection or construction of new poles in a right-of-way not specifically referenced in the grant of consent.
(2)
(a)
The consent of a political subdivision for the use of a public highway within its jurisdiction shall be based upon a lawful exercise of its police power and shall not be unreasonably withheld.
(b)
A political subdivision shall not create any preference or disadvantage through the granting or withholding of its consent. A political subdivision's decision that a vertical structure in the right-of-way, including a vertical structure owned by a municipality, lacks space or load capacity for communications or broadband facilities, or that the number of additional vertical structures in the rights-of-way should be reasonably limited, consistent with protection of public health, safety, and welfare, does not create a preference for or disadvantage any telecommunications provider or broadband provider, provided that such decision does not have the effect of prohibiting a provider's ability to provide service within the service area of the proposed facility.
Amended by 2017 Ch. 143,§ 10, eff. 7/1/2017.
L. 96: Entire article added, p. 301, § 1, effective April 12. L. 2017: Entire section amended, (HB 17-1193), ch. 143, p. 480, § 10, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 5.5 - RIGHTS-OF-WAY: TELECOMMUNICATIONS PROVIDERS (§§ 38-5.5-101 — 38-5.5-109) › Section 38-5.5-108 - Pole attachment agreements - limitations on required payments

(1)
Neither a local government entity nor a municipally owned utility shall request or receive from a telecommunications provider, broadband provider, or cable television provider, as defined in section 602 (5) of the federal "Cable Communications Policy Act of 1984", in exchange for permission to attach small cell facilities, broadband devices, or telecommunications devices to poles or structures in a right-of-way, any payment in excess of the amount that would be authorized if the local government entity or municipally owned utility were regulated pursuant to
47 U.S.C. sec. 224
, as amended.
(2)
A municipality shall not request or receive from a telecommunications provider or a broadband provider, in exchange for or as a condition upon a grant of permission to attach telecommunications or broadband devices to poles, any in-kind payment.
Amended by 2017 Ch. 143,§ 12, eff. 7/1/2017.
L. 96: Entire article added, p. 302, § 1, effective April 12. L. 2017: Entire section amended, (HB 17-1193), ch. 143, p. 481, § 12, effective July 1.
Section 602(5) of the federal "Cable Communications Policy Act of 1984" referenced in subsection (1) was repealed October 25, 1994.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 6 - PROCEEDINGS BY CITIES AND TOWNS (§§ 38-6-101 — 38-6-216) › Part 1 - CONDEMNATION OF PROPERTY (§§ 38-6-101 — 38-6-122) › Section 38-6-101 - Power of towns and cities

Whenever, in a town, city, or city and county, the council thereof or other municipal board having authority by charter or statute passes a resolution or ordinance to establish, construct, extend, open, widen, or alter any street, lane, avenue, boulevard, park, playground, parkway, pleasure way, public square, market, viaduct, bridge, sewer, tunnel, or subway or to build, acquire, construct, or establish any public building or any other public work or public improvement, said town, city, or city and county shall have the right to take, damage, condemn, or appropriate by right of eminent domain such private property as may be required in the manner provided for in this part 1; but, except as specifically authorized by law, no incorporated town shall exercise the power of eminent domain over property outside the town boundaries. In any case where such special benefits are not to be assessed by commissioners as provided in section
38-6-107
against the real estate specially benefited, the said town, city, or city and county may follow the procedure set forth in this part 1 or the procedure set forth in article
1
of this title.
L. 11: p. 373, § 1. C.L. § 9076. CSA: C. 163, § 119. CRS 53: § 50-6-1. L. 57: p. 365, § 1. L. 59: p. 423, § 1. C.R.S. 1963: § 50-6-1. L. 69: p. 356, § 1. L. 76: Entire section amended, p. 312, § 60, effective May 20.
For the proceedings and procedure for taking private property for public use, see part 1 of article 1 of this title.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 6 - PROCEEDINGS BY CITIES AND TOWNS (§§ 38-6-101 — 38-6-216) › Part 1 - CONDEMNATION OF PROPERTY (§§ 38-6-101 — 38-6-122) › Section 38-6-102 - Petition

The attorney for said city or city and county, in the name of such city or city and county, shall apply to the district court of the district in which said city or city and county is situated, by petition, which petition shall state the general nature of the improvement proposed to be established or made, a correct description of the property required, and the name of the owner of said property as shown on the records of the county clerk and recorder of the county or city and county in which said property is situated. Said petition shall pray for the appointment of three disinterested commissioners, freeholders of real estate in and residents of said city or city and county, to appraise and award the damages which said owner may sustain by reason of the appropriation and condemnation of such property by the city or city and county and to perform such other duties as are in this part 1 enumerated.
L. 11: p. 374, § 2. C.L. § 9077. CSA: C. 163, § 120. CRS 53: § 50-6-2. C.R.S. 1963: § 50-6-2. L. 76: Entire section amended, p. 312, § 61, effective May 20.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 6 - PROCEEDINGS BY CITIES AND TOWNS (§§ 38-6-101 — 38-6-216) › Part 1 - CONDEMNATION OF PROPERTY (§§ 38-6-101 — 38-6-122) › Section 38-6-103 - Defendants - guardian ad litem

The owners of all property sought to be condemned for the proposed improvement shall be made parties defendant. It shall not be necessary to make any person a defendant unless such person has some title thereto of record in the office of the county clerk and recorder of the county or city and county in which said property is situated. If the proceeding seeks to affect land owned by an infant or a mentally incompetent person, the legal guardian or conservator of such person shall be made a party defendant. If such person has no legal guardian, the district court shall have the power to appoint a guardian ad litem to represent such person.
L. 11: p. 374, § 3. C.L. § 9078. CSA: C. 163, § 121. CRS 53: § 50-6-3. C.R.S. 1963: § 50-6-3. L. 75: Entire section amended, p. 932, § 53, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 6 - PROCEEDINGS BY CITIES AND TOWNS (§§ 38-6-101 — 38-6-216) › Part 1 - CONDEMNATION OF PROPERTY (§§ 38-6-101 — 38-6-122) › Section 38-6-104 - Judge to set hearing - summons - service - publication

Upon the filing of the petition, said court shall fix a date for hearing said petition, and the attorney for the petitioner shall prepare and issue a summons, directed to the defendants, notifying them of the date fixed by the court for the hearing. Jurisdiction of said defendants shall be obtained by causing the summons to be served on the defendants in like manner as is provided by the laws of this state for the service of summons in civil actions, except as otherwise provided in this section. The date for the hearing of the petition shall not be less than ten days after the date of the service of the summons. In case any defendant does not reside in said city or city and county or is a foreign corporation or in case the attorney for the petitioner files an affidavit that he has endeavored to find such person in such city or city and county, for the purpose of causing the person to be served, and that after reasonable effort he has been unable to find said person in said city or city and county, the petitioner may cause the summons to be published for three consecutive times in any daily or weekly newspaper published in said city or city and county. The date for the hearing of said petition shall not be less than ten days after the date of the last publication of said summons.
L. 11: p. 374, § 4. C.L. § 9079. CSA: C. 163, § 122. CRS 53: § 50-6-4. C.R.S. 1963: § 50-6-4.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 6 - PROCEEDINGS BY CITIES AND TOWNS (§§ 38-6-101 — 38-6-216) › Part 1 - CONDEMNATION OF PROPERTY (§§ 38-6-101 — 38-6-122) › Section 38-6-105 - Answer - hearing - commissioners

Any defendant has the right to appear in the proceeding and file an answer, in writing, with the clerk of the court, at any time prior to the date fixed for the hearing of the petition but not thereafter, in which answer said defendant shall set forth such legal objections as he may have to the condemnation or appropriation of any property owned by him or to the prosecution of said proceeding. At the time set for the hearing of said petition or such time to which the hearing may have been continued by the court, the court shall proceed to hear any objections raised by the answer, if any there be. The court has no power to inquire into the necessity of exercising the power of eminent domain for the purpose proposed, nor into the necessity of making the proposed improvement, nor into the necessity of taking the particular property described in the petition. If the court finds that the petitioner has the right to prosecute said proceeding and such objections as may have been filed are overruled, the court shall appoint three disinterested commissioners in condemnation, freeholders of real estate in said city or city and county and residents thereof, who shall have the powers and duties provided in this part 1. No person shall be disqualified to act as a commissioner by reason of the fact that he may own either the fee or other interest in or to property that might be assessed a special benefit on account of the proposed improvement.
L. 11: p. 375, § 5. C.L. § 9080. CSA: C. 163, § 123. CRS 53: § 50-6-5. C.R.S. 1963: § 50-6-5. L. 76: Entire section amended, p. 312, § 62, effective May 20.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 6 - PROCEEDINGS BY CITIES AND TOWNS (§§ 38-6-101 — 38-6-216) › Part 1 - CONDEMNATION OF PROPERTY (§§ 38-6-101 — 38-6-122) › Section 38-6-106 - Commissioners - oaths - hearing

The commissioners, before entering upon the duties of their office, shall take an oath to faithfully, promptly, and impartially discharge their duties as such commissioners. Any commissioner may administer oaths to witnesses produced before him. The commissioners may issue subpoenas and compel witnesses to attend and testify, may adjourn and hold meetings, and shall hear such proofs as may be presented to them.
L. 11: p. 375, § 6. C.L. § 9081. CSA: C. 163, § 124. CRS 53: § 50-6-6. C.R.S. 1963: § 50-6-6.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 6 - PROCEEDINGS BY CITIES AND TOWNS (§§ 38-6-101 — 38-6-216) › Part 1 - CONDEMNATION OF PROPERTY (§§ 38-6-101 — 38-6-122) › Section 38-6-107 - Assessment of damages - lien - fund

It is the duty of the commissioners to estimate, fix, and determine the fair and actual cash market value of all property proposed to be taken for the improvement, without reference to the projected improvement, and the fair, direct, and actual damage caused on account of said improvement to other property not taken for the improvement. The commissioners shall provide for the payment of the total amount of their awards for land taken and damaged, in all cases where the resolution or ordinance authorizing the improvement so provides, by assessing against the owners of all real estate which, in their opinion, will be specially benefited by the proposed improvement the amounts of said benefit as special assessments, and such commissioners shall assess the balance required to make said total amount as a general assessment against the petitioning city or city and county. Such special benefits shall be assessed against the owners of each lot or parcel of property that is, in the opinion of said commissioners, specially benefited by said improvement, which said special benefits shall be a lien on the property so charged, and shall be collected as provided by the charter or ordinance of said city or city and county, and when so collected shall be paid into the treasury of said city or city and county as a separate fund, to be used for the payment of the awards and damages.
L. 11: p. 376, § 7. C.L. § 9082. CSA: C. 163, § 125. CRS 53: § 50-6-7. C.R.S. 1963: § 50-6-7.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 6 - PROCEEDINGS BY CITIES AND TOWNS (§§ 38-6-101 — 38-6-216) › Part 1 - CONDEMNATION OF PROPERTY (§§ 38-6-101 — 38-6-122) › Section 38-6-108 - Commissioners' report

The commissioners shall make, subscribe, and file with the clerk of the court in which such proceedings are had a report of their awards and assessments, in which all property assessed shall be described with convenient certainty and accuracy. In said report, the awards and damages allowed to each owner and the benefits assessed against each parcel of land shall be separately stated.
L. 11: p. 376, § 8. C.L. § 9083. CSA: C. 163, § 126. CRS 53: § 50-6-8. C.R.S. 1963: § 50-6-8.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 6 - PROCEEDINGS BY CITIES AND TOWNS (§§ 38-6-101 — 38-6-216) › Part 1 - CONDEMNATION OF PROPERTY (§§ 38-6-101 — 38-6-122) › Section 38-6-109 - Cost assessed against block

In all cases where the proposed improvement is the opening, widening, establishing, or extension of a public alley, the cost thereof shall be assessed against the property in the particular block in which said alley is situated, according to the benefits to be received therefrom, and against none other.
L. 11: p. 376, § 9. C.L. § 9084. CSA: C. 163, § 127. CRS 53: § 50-6-9. C.R.S. 1963: § 50-6-9.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 6 - PROCEEDINGS BY CITIES AND TOWNS (§§ 38-6-101 — 38-6-216) › Part 1 - CONDEMNATION OF PROPERTY (§§ 38-6-101 — 38-6-122) › Section 38-6-110 - Property need not be in city limits

In all proceedings under this part 1, the petitioner has the right to take or condemn separate parcels of land. Such parcels of land need not be adjoining or contiguous to each other. In all cases where a proceeding is brought to condemn, appropriate, or acquire land for boulevard, parkway, or park purposes, such land or any part thereof may be situated beyond or without the corporate limits of said city or city and county, subject to the limitation imposed by section
31-25-201(1)
, C.R.S.
L. 11: p. 377, § 10. C.L. § 9085. CSA: C. 163, § 128. CRS 53: § 50-6-10. C.R.S. 1963: § 50-6-10. L. 76: Entire section amended, p. 313, § 63, effective May 20. L. 83: Entire section amended, p. 1266, § 4, effective July 1.
For the legislative declaration in the 1983 act amending this section, see section 1 of chapter 367, Session Laws of Colorado 1983.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 6 - PROCEEDINGS BY CITIES AND TOWNS (§§ 38-6-101 — 38-6-216) › Part 1 - CONDEMNATION OF PROPERTY (§§ 38-6-101 — 38-6-122) › Section 38-6-111 - Hearing - notice - publication

After the report of said commissioners is filed with the clerk of the court, the court shall fix a time for the consideration of said report, and the petitioner shall give written notice to the defendants and all other persons who are the owners of record of property mentioned in said report, whether damaged, appropriated, condemned, or assessed special benefits, of the matters contained in said report and of the time so fixed by the court for the consideration thereof. The notice shall be served in like manner as is provided by the laws of this state for the service of summons in civil actions, except as otherwise provided in this section. Said persons shall be served at least ten days before the time fixed for the consideration of the report by the court. In case any defendant or owner of record of any property damaged, appropriated, condemned, or assessed special benefits does not reside in said city or city and county or is a foreign corporation or in case the attorney for said petitioner files an affidavit that he has endeavored to find such person in said city or city and county, for the purpose of causing said person to be notified, and that after reasonable effort he has been unable to find said person in said city or city and county, the petitioner may cause to be published a notice, of the matters affecting such person contained in said report and of the time fixed for the consideration thereof, for three successive times in some daily or weekly newspaper published in said city or city and county. Said publication shall be in lieu of personal service of said notice on all such persons.
L. 11: p. 377, § 11. C.L. § 9086. CSA: C. 163, § 129. CRS 53: § 50-6-11. C.R.S. 1963: § 50-6-11.
For publication of legal notices, see part 1 of article 70 of title 24.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › EMINENT DOMAIN (§§ 38-1-101 — 38-7.5-107) › Article 6 - PROCEEDINGS BY CITIES AND TOWNS (§§ 38-6-101 — 38-6-216) › Part 1 - CONDEMNATION OF PROPERTY (§§ 38-6-101 — 38-6-122) › Section 38-6-112 - Objections - default - burden of proof - findings - reappraisement

Any person who is the owner of, or who has any interest in, any of the property mentioned in said report, whether appropriated or damaged or against which special benefits have been assessed, may appear, at or before the time fixed by the court for the consideration of said report but not after said time, and file his written objection to said report. Default shall be entered against the owners of all property mentioned in said report who have not filed objections thereto within said time, and the report shall be confirmed by the court as to such persons. At the time fixed by the court for the consideration of said report, the court shall proceed to hear any objections that have been filed, except where a jury trial has been demanded, as provided for in section
38-6-113
. Any party interested in said proceeding may introduce such evidence as may tend to establish the right of the matter. The burden of proof to change any finding, award, or assessment of said commissioners shall be upon the person objecting thereto. If it appears to the court that the property of the objector has been appraised by the commissioners at more or less than the fair, actual cash market value thereof, or that the fair, direct, and actual damage to property not taken is greater or less than the amount awarded by the commissioners, or that the property of the objector is assessed a special benefit in an amount greater than it will be actually benefited by the proposed improvement, the court shall so find and shall also find what the proper award or assessment shall be, and judgment shall be rendered accordingly. The court, for good cause shown, may modify, alter, change, annul, or confirm the report of the commissioners, or any part thereof, or may order a new appraisement and assessment as to any of the property affected in the proceeding by the same commissioners or by other commissioners appointed by the court.
L. 11: p. 378, § 12. C.L. § 9087. CSA: C. 163, § 130. CRS 53: § 50-6-12. C.R.S. 1963: § 50-6-12.