Also see the Colorado Constitution.

Title 38 - Property - Real and Personal

Article 2 - Specific Grants of Power

38-2-101. Who may condemn real estate, rights-of-way, or other rights.

If any corporation formed for the purpose of constructing a road, ditch, reservoir, pipeline, bridge, ferry, tunnel, telegraph line, railroad line, electric line, electric plant, telephone line, or telephone plant is unable to agree with the owner for the purchase of any real estate or right-of-way or easement or other right necessary or required for the purpose of any such corporation for transacting its business or for any lawful purpose connected with the operations of the company, such corporation may acquire title to such real estate or right-of-way or easement or other right in the manner provided by law for the condemnation of real estate or right-of-way. Any ditch, reservoir, or pipeline company, in the same manner, may condemn and acquire the right to take and use any water not previously appropriated.

38-2-102. Entering lands to survey - liability.

Any corporation formed for the purpose of constructing a road, ditch, tunnel, or railroad may cause such examination and survey as may be necessary to the selection of the most advantageous route and, for such purpose, by its officers, agents, or servants may enter upon the lands of any person or corporation, but subject to liability for all actual damages which are occasioned thereby.

Title 7 - Corporations And Associations

Article 45 - Toll Road Companies

7-45-101. Additional statements in certificate.

(1) If any three or more persons associate to form a corporation for the purpose of constructing a road or highway under the provisions of law, their certificate of incorporation shall state the termini of said road or highway and the route of the same, as near as may be. Such company shall have the right-of-way over the line named in the certificate to erect toll gates, not to exceed one in every ten miles of road, and to collect toll at the rates prescribed by the board of county commissioners of the county in which said road is located, upon the application of the corporation.

(2) If such corporation has constructed and completed one mile or more of roads required to be constructed by it, it shall be lawful for the board of county commissioners of the county in which the portion of the road so constructed lies to prescribe the rates of toll to be charged and collected by such corporation upon each mile of that portion of the road so constructed, and, as other portions of the road to be constructed by the corporation are completed, the rates of toll shall be prescribed in manner aforesaid, and such corporations shall have power to collect tolls at the rate prescribed until such road is completed. When a road has been fully completed, the board of county commissioners of the county in which the same is located shall prescribe the rates of toll such corporation shall be entitled to charge and collect, and such rates of toll shall remain in force for two years and be collected from persons traveling the road, from the time the road is completed, and thereafter, at the expiration of every two years, the board of county commissioners in each county through which said road passes may fix and regulate such rates of toll.

(3) If such toll road company or any twenty-five citizens of the county are dissatisfied with the rates of toll fixed by the board of county commissioners, or tribunal transacting county business, said company, the owners of said toll road, or said twenty-five citizens may appeal to the county court for the county in which said road is located, and the court shall forthwith appoint three disinterested persons as a committee to view the premises, hear such testimony as may be offered, and prescribe the rates of toll to be charged and collected on the road for the two years next ensuing, and the committee, on oath, shall report the same to the county court at its first session thereafter, and, if their report is accepted by the court, the court shall render judgment thereon, and the rates of toll shall be such as reported and accepted by said court, and, in case any toll road company takes an appeal from the decision of the board of county commissioners, the expense of that appeal shall be paid by the toll road company.

(4) Nothing in articles 30 to 52 and 121 to 137 or articles 101 to 117 of this title shall be so construed as to authorize any corporation, formed under the provisions of law, to locate its road, railroad, ditch, or flume, or any part thereof, upon any toll road previously existing, nor upon any public highway heretofore and at the time of the organization of the corporation used and traveled as such, except as may be necessary to cross such toll road or public highway. All rates of toll shall be conspicuously posted at every gate upon said road. Nothing in articles 30 to 52 and 121 to 137 or articles 101 to 117 of this title shall be so construed to prevent the erection of a toll gate and check gate on each branch toll road of any toll road company in this state.

7-45-102. Start of work after organization.

Repealed

7-45-103. Nonprofit corporations - powers.

A nonprofit corporation subject to the "Colorado Revised Nonprofit Corporation Act", articles 121 to 137 of this title, shall have all of the rights and powers granted by this article to the extent not inconsistent with said act, if such nonprofit corporation otherwise complies with the terms and provisions of this article.

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