§ 40-24-107 — Forfeiture of right-of-way - cause

Whenever any person,
company, corporation, or association obtains a franchise and right-of-way to
operate an electric railroad over or along any county road in any county in this state
and fails, refuses, or neglects, for a period of six months after the granting of any
such franchise, to commence the work of constructing such electric railroad and in
good faith to continuously prosecute the construction thereof to a final completion
or fails, refuses, or neglects to operate or maintain said railroad in good condition
and in good faith, for a period of one year at any one time after the granting of said
franchise or right-of-way, such person, company, corporation, or association or its
assigns shall forfeit all its right, title, and interest in and to such franchise and
right-of-way, and the same shall become null and void; and it shall be the duty of
the board of county commissioners of the county granting such franchise and the
district attorney of the judicial district in which the county is situated to
immediately institute the proper legal proceedings to cancel said franchise and all
right, title, and interest of said person, company, corporation, or association or its
assigns to use or occupy any portion of said county road.

Legislative History

Source: L. 07: p. 409, � 6. R.S. 08: � 5437. C.L. � 2841. CSA: C. 139, � 27. CRS 53: � 116-5-7. C.R.S. 1963: � 116-5-7.