(1) A toll road or toll highway company shall be formed under Colorado law. On and after June 2, 2008, a toll road or toll highway company may not specify and map a transportation corridor in its filed formation document, and any corridor included in a filed formation document filed before June 2, 2008, shall not be deemed to give the filing toll road or toll highway company any property right or exclusive development right of any kind within the corridor other than as specified in section 7-45-103. If a toll road or toll highway company complies with the provisions of this article, it shall have the power to erect toll gates and set and collect tolls.
(2) The secretary of state shall maintain a list of all toll road and toll highway companies and shall make the list and the filed formation documents for all toll road and toll highway companies available to the public. To allow the secretary of state to efficiently compile and maintain an accessible list, a toll road or toll highway company shall include the designation "PTR" in its official name as specified in its filed formation document.
(3) and (4) (Deleted by amendment, L. 2008, p. 1707, § 1, effective June 2, 2008.)
Source: L. 2006: Entire article R&RE, p. 1760, § 1, effective June 6. L. 2008: (1), (3), and (4) amended, p. 1707, § 1, effective June 2.
ANNOTATION
Law reviews. For article, "Forms Committee Presents Additional Standard Pleading Samples for Use in Foreclosures Through Public Trustee", see 29 Dicta 1 (1952).
Annotator's note. Since § 7-45-101 is similar to § 7-45-101 as it existed prior to the 2006 repeal and reenactment of this article and to laws antecedent thereto, relevant cases construing those provisions have been included in the annotations to this section.
The general assembly may delegate the power of collecting tolls in return for a supposed public good with such restrictions as it may see fit to impose, and the grantee takes subject to all such limitations. Virginia Canon Toll Rd. Co. v. People ex rel. Vivian, 22 Colo. 429, 45 P. 398 (1896).
And by virtue of this section the grant to exact tolls is conferred in express terms only upon corporations organized to construct and which do construct toll roads. Virginia Canon Toll Rd. Co. v. People ex rel. Vivian, 22 Colo. 429, 45 P. 398 (1896).
Right to locate road. The effect of this section, and the section giving right of condemnation for construction of roads, is to give a road company the right to locate its road on the general course designated in its articles of incorporation, and when so located, to construct, maintain, and operate the road on the line of location, subject to the conditions of condemnation, compensation, and other requirements of the provision. Riddell v. Animas Canon Toll Rd. Co., 5 Colo. 230 (1880).
But toll road cannot be located on any existing road. Under this section it is clear that a toll road company may not locate its road, or any part thereof, upon any toll road previously existing or upon any public highway heretofore and as the time of the organization of such company used and traveled as such, except as it might be necessary to cross such road or highway. Lyons & E. P. Toll Rd. Co. v. People ex rel. Sprague, 29 Colo. 434, 68 P. 275 (1902).
And such location results in forfeiture of franchise. Where a toll road company located a considerable part of its road upon and along a previously existing toll road which at the time had been abandoned by the former toll road company for a period of more than 14 months and which had been repaired and traveled by persons living in the vicinity, the location was in violation of this section and the company thereby forfeited its franchise and right to collect tolls. Lyons & E. P. Toll Rd. Co. v. People ex rel. Sprague, 29 Colo. 434, 68 P. 275 (1902).
Moreover, as long as the power to locate a road remains unexerted, the lands upon which the exercise of the right may ultimately cast the easement are uncertain, and no given tract or parcel of land can be designated as charged with the easement. Riddell v. Animas Canon Toll Rd. Co., 5 Colo. 230 (1880).
Only one toll gate each 10 miles. Under this section the board of county commissioners is powerless to authorize the erection of and taking of toll at more than "one gate to each ten miles". Central Rd. Co. v. People, 5, Colo. 39 (1879).
Hence, wherever there are 2 gates or more, the distance between them must be not less than 10 miles. Central Rd. Co. v. People, 5 Colo. 39 (1879).
A toll road company may alienate all its tangible property and also the franchise to collect tolls, but whatever limitations or burdens existed against it will still exist against its grantee. Virginia Canon Toll Rd. Co. v. People ex rel. Vivian, 22 Colo. 429, 45 P. 398 (1896).
But not the power to continue the franchise after it expires. A toll road company cannot by conveyance made during its corporate life impart to another corporation or to a natural person the power to continue the exercise of a franchise to collect tolls after the franchise itself has expired by operation of law. Virginia Canon Toll Rd. Co. v. People ex rel. Vivian, 22 Colo. 429, 45 P. 398 (1896).
For a toll road company cannot collect toll after the expiration of the term of its corporate existence. Virginia Canon Toll Rd. Co. v. People ex rel. Vivian, 22 Colo. 429, 45 P. 398 (1896).
And when the right to collect tolls ceases with the expiration of the term of a corporation constructing a road, the public may use the highway without charge. Virginia Canon Toll Rd. Co. v. People ex rel. Vivian, 22 Colo. 429, 45 P. 398 (1896).