§ 38-5-104 — Right-of-way across private lands

Colorado § 38-5-104

• Jurisdiction: Colorado
• Title 38: Property -
• Art.: Rights-of-way: Transmission Companies

Text

(1) A telegraph, telephone,
electric light, power, gas, or pipeline company, an electric transmission authority, or
a city or town is entitled to the right-of-way over or under the land, property,
privileges, rights-of-way, and easements of other persons and corporations and to
the right to erect its poles, wires, pipes, regulator stations, substations, systems,
and offices upon making just compensation therefor in the manner provided by law.
When a right-of-way is taken under this section for an interstate electric
transmission line, the court shall evaluate public purpose in light of the
transmission system as a whole, including public use and benefits occurring either
within Colorado or at a regional level. The rights granted by this section and section
38-5-105 to such electric light, power, gas, or pipeline companies or to such cities
and towns shall not extend to the taking of any portion of the right-of-way of a
railroad company, except to the extent of acquiring any necessary easement to
cross the same or to serve such railroad company with electric light, power, or gas
service. The rights granted by this section and section 38-5-105 to telegraph or
telephone companies shall not extend to the taking of any portion of the right-of-way of a railroad company, except to the extent of acquiring any easement which
does not materially interfere with the existing use by the railroad company, or
except to the extent of acquiring any necessary easement to cross the same or to
serve such railroad company with telegraph or telephone service.

(2) If any right-of-way is taken by such telegraph, telephone, electric light
power, gas, or pipeline company, city or town over any portion of the right-of-way of
a railroad company the taking party shall pay the entire cost of constructing its
facilities along such right-of-way, including any expenses incurred by the railroad
for inspection and flagging as reasonably necessary to avoid interference with safe
operation of the railroad. The taking party shall also bear the entire cost, including
the cost of such inspection and flagging, of removing, relocating, altering, or
protecting any facility installed on right-of-way so taken if, at any time, such
removal, relocation, alteration, or protection becomes reasonably necessary to
avoid interference with the railroad company's ability to use its original right-of-way to operate its railroad efficiently and safely and to efficiently and safely serve
existing, new, or potential railroad customers. The taking party shall indemnify the
railroad company from all losses and expenses resulting from the negligence of the
taking party, its successors or contractors, in connection with or related to such
right-of-way. The taking party shall have no claim against the railroad for any loss
resulting from damage to the taking party's telegraph or telephone facilities
resulting from any unforeseen emergencies or acts of God such as derailment,
explosions, collisions, or activities reasonably performed in repairing damages
caused by such occurrences.

Legislative History

Source: L. 07: p. 386, � 4. R.S. 08: � 2454. C.L. � 6355. CSA: C. 61, � 45. CRS 53: � 50-5-4. L. 63: p. 480, � 4. C.R.S. 1963: � 50-5-4. L. 79: Entire section amended, p. 1382, � 3, effective July 1. L. 2021: (1) amended, (SB 21-072), ch. 329, p. 2128, � 9, effective June 24.