§ 34-64-106 — Petition to district court - procedure

Any natural gas public
utility, having first obtained an order from the commission which has become final,
desiring to exercise the right of eminent domain for the purpose of acquiring
property for the underground storage of natural gas, shall do so in the manner
provided in this article. Such natural gas public utility shall present to the district
court of the county wherein the land or some portion thereof is situated a petition
setting forth the purpose for which the property is sought to be acquired, a
description of the property sought to be appropriated, and the names of the owners
of the property as shown by the records of such county. The petitioner shall file the
order of the commission as a part of its petition, and no decree or rule by the court
granting said petition shall be entered without such order having been filed
therewith. The court shall examine said petition and determine whether the
petitioner has the power of eminent domain and whether said property is necessary
for its lawful purposes, and if found in the affirmative such findings shall be entered
in the record. All proceedings under this section shall follow the procedure then in
force and effect pertaining to eminent domain.

Legislative History

Source: L. 53: p. 440, � 6. CRS 53: � 100-9-6. C.R.S. 1963: � 100-9-6.