§ 31-15-716 — Municipal authority relating to landfill gas

Colorado § 31-15-716

• Jurisdiction: Colorado
• Title 31: Government
• Art.: Exercise of Municipal Powers

Text

(1) To accomplish
the purposes specified in section 31-15-715, municipalities are granted the
following powers:

(a) To acquire, hold, use, transfer and convey any real property or any
interest therein, in fee or a leasehold interest, for purposes of landfill gas
exploration, production, and development;

(b) To engage in any and all activities respecting the exploration,
development, production, distribution, marketing, and sale of landfill gas to any
person or public or private entity, or for municipal uses;

(c) (I) To acquire by gift, purchase, or condemnation necessary easements
and rights-of-way, for ingress and egress and for the installation of facilities
related to collection and distribution of landfill gas; except that the power of
condemnation granted in this paragraph (c) shall not extend to acquisition of
landfill gas in place nor shall such power be available to a municipality until the
municipality has entered into a contract with the owner of such landfill gas for the
development, extraction, and purchase of such landfill gas, and except that such
condemnation shall not interfere with the normal use of any real property, or other
property appurtenant thereto, which is devoted or dedicated to a public utility use
or upon which landfill gas abatement or recovery facilities have been placed in
operation and shall be limited to the maximum reasonable width or area necessary
to install, operate, and maintain such rights-of-way, ingress and egress, and
collection and distribution facilities.

(II) Any interest in real property acquired by condemnation pursuant to this
paragraph (c) shall terminate upon the completion of use of such real property, or
any interest therein, for landfill gas operations, and any such condemnation shall be
in the manner provided in part 1 of article 6 of title 38, C.R.S.

(d) To enter into contracts, including intergovernmental contracts, and to
perform all acts necessary to produce, distribute, and market landfill gas;

(e) To issue general obligation bonds, after approval of the qualified electors
of the municipality, for purposes of financing the exploration, development,
production, distribution, and marketing of landfill gas;

(f) To issue revenue bonds authorized by action of the city council or
comparable legislative body, without the approval of the qualified electors of the
municipality, for purposes of financing the exploration, development, production,
distribution, and marketing of landfill gas. Such revenue bonds shall be issued in
the manner provided in part 4 of article 35 of this title for the issuance of revenue
bonds by municipalities; except that such revenue bonds may be sold in one or more
series at par, or below or above par, at public or private sale, in such manner and for
such price as the municipality, in its discretion, shall determine. Such revenue
bonds and interest coupons, if any, appurtenant thereto shall never constitute the
debt or indebtedness of the municipality within the meaning of any provision or
limitation of the state constitution, statutes, or home rule charter, and shall not
constitute nor give rise to a pecuniary liability of the municipality or a charge
against its general credit or taxing powers, and such revenue bonds and the income
therefrom are exempt from taxation, except inheritance, estate, and transfer taxes.

(2) Repealed.

Legislative History

Source: L. 80: Entire section added, p. 653, � 5, effective July 1. L. 2025: (2) repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.