§ 29-8-102 — Legislative declaration

The general assembly finds that
landowners, cities, towns, counties, public utilities, and cable operators in many
areas of the state desire to convert existing overhead electric and communication
facilities to underground locations. The general assembly further finds that the
conversion of overhead electric and communication facilities to underground
locations is a matter of statewide concern and interest. The general assembly
declares that a public purpose will be served by providing a procedure to
accomplish such conversion and that it is in the public interest to provide for such
conversion by proceedings taken under this article, whether such areas are within
the limits of a city or town or within a county. The general assembly further
declares that all political subdivisions shall pursue such conversion only in
accordance with this article; except that the use of the procedure set forth in this
article is permissive and not mandatory for incidental and episodic conversions
associated with public improvements such as street widening or sewer
construction. Notwithstanding the provisions of this article, a political subdivision
shall be able to perform such underground conversion without following the
procedures outlined in this article if the political subdivision pays for all of the costs
and expenses of such conversion from the political subdivision's own funds on the
condition that the political subdivision does not seek to recover the costs or
expenses of such conversion from the public utility or cable operator.

Legislative History

Source: L. 71: p. 987, � 1. C.R.S. 1963: � 89-23-2. L. 99: Entire section amended, p. 372, � 1, effective April 22.