C.R.S. Section 7-45-104
Acquisition of right-of-way

(1)

Notwithstanding the provisions of section 38-2-101, C.R.S., on and after June 6, 2006, a preexisting toll road or toll highway company shall not have the power to exercise the right of eminent domain to acquire any part of the right-of-way of the three-mile corridor of a proposed toll road or toll highway specified in the filed formation document of the company as required by section 7-45-101 (1) and a new toll road or toll highway company shall not have the power to exercise the right of eminent domain to acquire any part of the right-of-way of a toll road or toll highway it proposes to construct. Nothing herein shall prohibit a preexisting or new toll road or toll highway company from entering into a public-private initiative with the department of transportation in accordance with the provisions of part 12 of article 1 of title 43, C.R.S., and as authorized in section 7-45-111 for the purpose of enabling the construction of a toll road or toll highway, but in such a case the power of eminent domain shall not be exercised by the toll road or toll highway company and may be exercised by the department only for purposes of acquiring property and rights-of-way necessary for the completion of a toll road or toll highway open to the public that is incorporated into the comprehensive statewide transportation plan prepared pursuant to section 43-1-1103 (5), C.R.S. The department may not use the power of eminent domain provided in this section to acquire a cemetery, as defined in section 10-15-102 (2), C.R.S., or property owned by or primarily used by a religious organization. In exercising the power of eminent domain, the department shall comply with all laws and administrative rules that govern the department’s use of eminent domain for state highway projects, and the rights-of-way acquired shall form a corridor no larger than that approved by all affected metropolitan planning organizations, regional planning commissions, and the transportation commission pursuant to sections 7-45-105 and 7-45-106. In accordance with section 43-1-1204 (3)(b), C.R.S., the department may not sell or otherwise transfer ownership of property or rights-of-way acquired through the exercise of the power of eminent domain as authorized by this section to a toll road or toll highway company.

(2)

As used in this section, “religious organization” means any organization, church, body of communicants, or group, not for pecuniary profit, gathered in common membership for mutual support and edification in piety, worship, and religious observances or a society, not for pecuniary profit, of individuals united for religious purposes at a definite place.

Source: Section 7-45-104 — Acquisition of right-of-way, (accessed Dec. 24, 2024).

7‑45‑101
Formation of toll road or toll highway company - description of corridor 7‑45‑102
Definitions 7‑45‑103
Deadline to commence work - maintenance of effort requirement 7‑45‑104
Acquisition of right-of-way 7‑45‑105
Planning standards and project review 7‑45‑106
Environmental standards and review 7‑45‑107
Construction safety standards 7‑45‑108
Notice requirements for proposed toll roads and toll highways - removal from titles and voiding of previously filed and recorded documents 7‑45‑109
Use of land by toll road or toll highway company - right to repurchase unneeded condemned property 7‑45‑110
Sale of interest in or assets of a toll road or toll highway company 7‑45‑111
Public-private initiatives

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

C.R.S. Section 7-45-104 Acquisition of right-of-way

(1)

(2)

C.R.S. Section 7-45-104
Acquisition of right-of-way