§ 7-45-104 — Acquisition of right-of-way

Colorado § 7-45-104

• Jurisdiction: Colorado
• Title 07: Corporations
• Art.: Toll Road Companies

Text

(1) Notwithstanding the provisions of
section 38-2-101, C.R.S., on and after June 6, 2006, a preexisting toll road or toll
highway company shall not have the power to exercise the right of eminent domain
to acquire any part of the right-of-way of the three-mile corridor of a proposed toll
road or toll highway specified in the filed formation document of the company as
required by section 7-45-101 (1) and a new toll road or toll highway company shall
not have the power to exercise the right of eminent domain to acquire any part of
the right-of-way of a toll road or toll highway it proposes to construct. Nothing
herein shall prohibit a preexisting or new toll road or toll highway company from
entering into a public-private initiative with the department of transportation in
accordance with the provisions of part 12 of article 1 of title 43, C.R.S., and as
authorized in section 7-45-111 for the purpose of enabling the construction of a toll
road or toll highway, but in such a case the power of eminent domain shall not be
exercised by the toll road or toll highway company and may be exercised by the
department only for purposes of acquiring property and rights-of-way necessary
for the completion of a toll road or toll highway open to the public that is
incorporated into the comprehensive statewide transportation plan prepared
pursuant to section 43-1-1103 (5), C.R.S. The department may not use the power of
eminent domain provided in this section to acquire a cemetery, as defined in section
10-15-102 (2), C.R.S., or property owned by or primarily used by a religious
organization. In exercising the power of eminent domain, the department shall
comply with all laws and administrative rules that govern the department's use of
eminent domain for state highway projects, and the rights-of-way acquired shall
form a corridor no larger than that approved by all affected metropolitan planning
organizations, regional planning commissions, and the transportation commission
pursuant to sections 7-45-105 and 7-45-106. In accordance with section 43-1-1204
(3)(b), C.R.S., the department may not sell or otherwise transfer ownership of
property or rights-of-way acquired through the exercise of the power of eminent
domain as authorized by this section to a toll road or toll highway company.

(2) As used in this section, religious organization means any organization,
church, body of communicants, or group, not for pecuniary profit, gathered in
common membership for mutual support and edification in piety, worship, and
religious observances or a society, not for pecuniary profit, of individuals united for
religious purposes at a definite place.

Legislative History

Source: L. 2006: Entire article R&RE, p. 1763, � 1, effective June 6. L. 2008: (1) amended, p. 1709, � 4, effective June 2.