C.R.S. Section 40-9.5-204
Just compensation for service rights and facilities by municipality

(1)

The just compensation for electric distribution facilities and service rights shall be:

(a)

The present-day reproduction cost, new, of the electric distribution facilities being acquired, less depreciation computed on a straight-line basis over thirty-five years with such depreciation being limited to one-half of such cost; and

(b)

An amount equal to the cost of constructing any necessary facilities to reintegrate the system of the cooperative electric association located outside the municipality or the area annexed by the municipality after detaching the electric distribution facilities to be sold; and

(c)

An annual amount, payable each year for a period of ten years following the date of purchase, equal to twenty-five percent of the revenues received by the municipality from the sale of electric power to the services within such municipality which were previously served by the cooperative electric association; and

(d)

An annual amount equal to five percent of the revenues received by the municipality from the sale of electric power to the additional services that come into existence in the affected area, for each year for a period of ten years following the date of acquisition.

(2)

If the cooperative electric association and the municipality cannot agree on the amount to be paid pursuant to subsection (1) of this section, either party may bring an action for condemnation or inverse condemnation in the district court for the county in which the property is located to determine the amount to be paid pursuant to the factors stated in subsection (1) of this section. During the pendency of any such action, the municipality shall deposit with the court the amount the municipality has offered to be paid the cooperative electric association, and, upon said payment, the municipality shall have the right to serve all electric customers within the annexed area.

Source: Section 40-9.5-204 — Just compensation for service rights and facilities by municipality, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-40.­pdf (accessed Oct. 20, 2023).

40‑9.5‑101
Legislative declaration 40‑9.5‑102
Definitions 40‑9.5‑103
Exemption from “Public Utilities Law” 40‑9.5‑104
Procedure for exemption - election 40‑9.5‑105
Certificate of public convenience and necessity 40‑9.5‑106
Prohibited acts 40‑9.5‑107
Duties of cooperative electric associations 40‑9.5‑108
Public meetings - definition 40‑9.5‑108.5
Public posting of documents 40‑9.5‑109
Regulations governing consumer complaints 40‑9.5‑109.5
Election policy - adoption - publication - contents 40‑9.5‑109.7
Electronic participation - meetings - elections conducted by mail or electronic means - definition 40‑9.5‑110
Board of directors of cooperative electric associations - nomination - elections 40‑9.5‑110.5
Directors - required policies 40‑9.5‑111
Notice of meeting - agenda 40‑9.5‑112
Provisions applicable to cooperative electric associations 40‑9.5‑113
Method of reimposing public utilities commission regulation 40‑9.5‑114
Public utilities commission - fees 40‑9.5‑114.5
5-112 40‑9.5‑116
Investment in public-private transportation facilities 40‑9.5‑117
Surcharge for underground conversion of facilities 40‑9.5‑118
Net metering - rules 40‑9.5‑201
Legislative declaration 40‑9.5‑202
Definitions 40‑9.5‑203
Service rights and facilities of cooperative electric associations within municipalities or within areas to be annexed by municipalities which own and operate electric utilities 40‑9.5‑204
Just compensation for service rights and facilities by municipality 40‑9.5‑205
Purchase by cooperative electric association of electric distribution facilities and service rights of municipality 40‑9.5‑206
Provisions on purchase nonexclusive - no effect on existing contracts 40‑9.5‑207
Applicability
Green check means up to date. Up to date

Current through Fall 2024

§ 40-9.5-204’s source at colorado​.gov