Such telegraph, telephone, electric light power, gas, or pipeline company or such city or town is vested with the power of eminent domain, and authorized to proceed to obtain rights-of-way for poles, wires, pipes, regulator stations, substations, and systems for such purposes by means thereof. Whenever such company or such city or town is unable to secure by deed, contract, or agreement such rights-of-way for such purposes over, under, across, and upon the lands, property, privileges, rights-of-way, or easements of persons or corporations, it shall be lawful for such telegraph, telephone, electric light power, gas, or pipeline company or any city or town owning electric power producing or distribution facilities to acquire such title in the manner now provided by law for the exercise of the right of eminent domain and in the manner as set forth in this article.
Source: L. 07: p. 386, § 5. R.S. 08: § 2455. C.L. § 6356. CSA: C. 61, § 46. CRS 53: § 50-5-5. L. 63: p. 480, § 5. C.R.S. 1963: § 50-5-5.
ANNOTATION
Because corporation is a foreign corporation, in good standing and authorized to do business in Colorado, operates and maintains a pipeline on landowner's properties, conveys petroleum products through its pipelines, and would be responsible for the construction, cost, operation, and maintenance of the pipeline, corporation is a pipeline company for purposes of this section. Sinclair Transp. Co. v. Sandberg, 228 P.3d 198 (Colo. App. 2009), rev'd on other grounds sub nom. Larson v. Sinclair Transp. Co., 2012 CO 36, 284 P.3d 42.
By enacting this section, the general assembly did not grant, either expressly or by clear implication, the power of eminent domain to companies for the construction of pipelines carrying petroleum. Rather, the general assembly intended to authorize condemnation for the construction of electric power infrastructure. Larson v. Sinclair Transp. Co., 2012 CO 36, 284 P.3d 42.
Applied in Larson v. Chase Pipe Line Co., 183 Colo. 76, 514 P.2d 1316 (1973).