Colorado § 32-12-103 Definitions

Colorado Statutes

§ 32-12-103 — Definitions

Colorado § 32-12-103

Title 32Special

Art.Rail District Act

This text of Colorado § 32-12-103 (Definitions) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 32-12-103 (2026).

Text

As used in this article 12, unless the context otherwise requires:

(1)Board means the board of directors of a rail district.

(2)Chairman means the chairman of the board.

(3)County means a home rule or statutory county and includes a city and county. (3.5) Eligible elector or elector of a rail district means an individual qualified pursuant to section 32-1-103 (5).

(4)Municipality means a home rule or statutory city or town, a territorial charter city, or a city and county.

(5)Population means the population as estimated by the organizational commission or secretary of state, based upon census tract data or other officially compiled data.

(6)Publication means printing, once a week for three consecutive weeks, by three publications in one or more newspapers of general cir

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As used in this article 12, unless the context
otherwise requires:

(1) Board means the board of directors of a rail district.

(2) Chairman means the chairman of the board.

(3) County means a home rule or statutory county and includes a city and
county.

(3.5) Eligible elector or elector of a rail district means an individual
qualified pursuant to section 32-1-103 (5).

(4) Municipality means a home rule or statutory city or town, a territorial
charter city, or a city and county.

(5) Population means the population as estimated by the organizational
commission or secretary of state, based upon census tract data or other officially
compiled data.

(6) Publication means printing, once a week for three consecutive weeks,
by three publications in one or more newspapers of general circulation in the rail
district or proposed rail district if there is such a newspaper and, if not, then in a
newspaper in the county in which the rail district or proposed rail district is located.
It is not necessary that publication be made on the same day of the week in each of
the three weeks, but not less than twelve days, excluding the day of the first
publication but including the day of the last publication, shall intervene between
the first publication and the last publication, and publication shall be complete on
the date of the last publication.

(7) (Deleted by amendment, L. 92, p. 918, � 183, effective January 1, 1993.)

(8) Rail district means a special district which may acquire and operate
railroad facilities subject to the following:

(a) Any such purchase of railroad facilities shall be:

(I) From a railroad which is subject to the jurisdiction of a federal bankruptcy
court pursuant to federal bankruptcy laws; or

(II) From a railroad that has been granted the right to abandon such railroad
facilities by the federal surface transportation board; and

(III) Limited to a railroad facility which has been in operation within the five
years prior to such purchase by a rail district.

(b) Upon acquisition, any such railroad facility shall be operated to haul
freight or passengers or both.

(c) No rail district may be formed containing any area of the regional
transportation district, created by article 9 of this title.

(9) Railroad facilities or facilities means all property either real, personal,
or mixed which is used or useful in the conduct of railroad services.

(10) Rates, fees, tolls, or charges shall apply only to rates, fees, tolls, or
charges required by a rail district and shall not apply to rates, fees, tolls, or charges
which are prescribed by federal or other state laws or regulations and which are
subject to the jurisdiction of federal or other state agencies.

(11) Regular special district election means the election held on the
Tuesday succeeding the first Monday of May in every odd-numbered year, as
provided in section 32-1-103 (17), for the purpose of electing members of the board
and for submission of other public questions, if any.

(12) Secretary means the secretary of the board.

(13) Service means a function or service which a rail district is authorized to
provide in accordance with this article.

(14) Special election means any election called by the board for submission
of public questions, which election shall be held on a Tuesday other than a regular
election day.

Legislative History

Source: L. 82: Entire article added, p. 503, � 1, effective April 23. L. 92: (3.5) added and (7), (11), and (14) amended, p. 918, � 183, effective January 1, 1993. L. 2001: (8)(a)(II) amended, p. 1276, � 43, effective June 5. L. 2018: IP and (11) amended, (HB 18-1039), ch. 29, p. 331, � 5, effective July 1, 2022.