Colorado § 34-48-105 Rights-of-way - condemnation

Colorado Statutes

§ 34-48-105 — Rights-of-way - condemnation

Colorado § 34-48-105

Title 34Mineral

Art.Easements

This text of Colorado § 34-48-105 (Rights-of-way - condemnation) 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. § 34-48-105 (2026).

Text

All mining claims, including
patented and unpatented claims, shall be subject to the right-of-way of any ditch,
flume, pipeline for transporting water or air for mining purposes, or of any tram,
tramway, or pack trail, across any such locations or claims. Any person or
corporation desiring to construct, maintain, and operate any such flume, ditch,
pipeline, tram, tramway, or pack trail shall pay due and just compensation for such
right-of-way to the owner of the claim through which it is proposed to construct,
operate, and maintain such flume, ditch, pipeline, tram, tramway, or pack trail. When
the parties cannot agree upon such right-of-way and the amount of compensation
to be paid the owner of such claim, the same shall be determined in the manner
provided by law for the exerci

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All mining claims, including
patented and unpatented claims, shall be subject to the right-of-way of any ditch,
flume, pipeline for transporting water or air for mining purposes, or of any tram,
tramway, or pack trail, across any such locations or claims. Any person or
corporation desiring to construct, maintain, and operate any such flume, ditch,
pipeline, tram, tramway, or pack trail shall pay due and just compensation for such
right-of-way to the owner of the claim through which it is proposed to construct,
operate, and maintain such flume, ditch, pipeline, tram, tramway, or pack trail. When
the parties cannot agree upon such right-of-way and the amount of compensation
to be paid the owner of such claim, the same shall be determined in the manner
provided by law for the exercise of right of eminent domain. Such ditch, flume, or
pipeline shall be so constructed that the water from such ditch, flume, or pipeline
shall not injure vested rights by flooding.

Legislative History

Source: L. 1874: p. 188, � 11. G.L. � 1821. G.S. � 2407. R.S. 08: � 4216. L. 17: p. 378, � 1. C.L. � 3298. CSA: C. 110, � 188. CRS 53: � 92-24-5. C.R.S. 1963: � 92-24-5.