Title 40, Utilities
0 chapters · 273 sections in this title.
Colo. Rev. Stat. § 40-20-101 Certificate of incorporation
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(1) Any number of persons, not less than five, may associate to form a company for the purpose of constructing and operating a railroad. (2) The certificate of incorporation, in addition to the matter otherwise required, shall specify as follows: (a) The places from and to which …
Colo. Rev. Stat. § 40-20-102 Powers of corporation
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(1) Every such corporation, in addition to the powers conferred in articles 101 to 117 of title 7, C.R.S., has the power: (a) To lay out its road, not exceeding two hundred feet in width, and to construct the same; and for the purpose of cuttings and embankments to take as much m…
Colo. Rev. Stat. § 40-20-104 May guarantee bonds and interest
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It is lawful for any railroad company organized, existing, or doing business in the state of Colorado under the laws of the state of Colorado, upon good consideration, to guarantee the payment of any mortgage, mortgage bonds, or interest coupons of any other railroad connecting w…
Colo. Rev. Stat. § 40-20-105 Construction started within two years
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If any railway corporation, within two years after its articles of association have been filed and recorded, does not begin the construction of its road and expend thereon twenty percent of the amount of its capital within five years after the date of its organization, its corpor…
Colo. Rev. Stat. § 40-20-106 Directors - election
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At any meeting of the stockholders of any railroad corporation formed under the laws of this state for the election of directors, managers, or trustees, the stockholders may classify the directors in three equal classes, as near as may be, one of which classes shall hold office f…
Colo. Rev. Stat. § 40-20-107 Stockholders to fix interest and loans
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At all general meetings of the stockholders, those holding a majority in the value of the stock of any such corporation may fix the rates of interest which shall be paid by the corporation for loans for the construction of such railway and its appendages and the amount of such lo…
Colo. Rev. Stat. § 40-20-108 Purchase or lease of other lines - sale
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Any railroad company owning or operating, or formed to own or operate, a line of railroad in this state may lease or purchase other lines of railroad within or without this state which shall connect with the road operated or to be operated by such company, directly or by means of…
Colo. Rev. Stat. § 40-20-109 Dining cars need no license
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No person or corporation shall be required to obtain or pay any town, city, county, or state license or tax within the state of Colorado by reason of furnishing or serving to passengers upon any railroad train meals, luncheons, or refreshments in any hotel car, dining car, or buf…
Colo. Rev. Stat. § 40-20-110 Title to equipment
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In any written contract for the sale of railroad equipment or rolling stock, deliverable immediately or subsequently, at stipulated periods, by the terms of which the purchase money, in whole or in part, is to be paid in the future, it may be agreed that the title to the property…
Colo. Rev. Stat. § 40-20-111 Lease may stipulate sale
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In any written contract for the leasing or renting of railroad equipment or rolling stock, it is lawful to stipulate for a conditional sale thereof at the termination of such lease and to stipulate that the rentals received, as paid or when paid in full, may be applied and treate…
Colo. Rev. Stat. § 40-20-112 Execution of contract
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(1) Every such contract, specified in sections 40-20-110 and 40-20-111, shall be good, valid, and effectual, both in law and equity, against all purchasers and creditors, provided: (a) The contract is acknowledged by the vendee or lessee before some officer authorized by law to t…
Colo. Rev. Stat. § 40-20-113 Acknowledgments
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The acknowledgments of such contracts may be made in the form required as to conveyances of real estate. Source: L. 1885: p. 303, � 5. R.S. 08: � 5527. C.L. � 2910. CSA: C. 139, � 96. CRS 53: � 116-1-13. C.R.S. 1963: � 116-1-13. Cross references: For form of real estate conveyanc…
Colo. Rev. Stat. § 40-20-114 Term of existence - renewal
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No such corporation shall be formed to continue more than fifty years in the first instance, but such corporation may be renewed from time to time, in such manner as may be provided by law, for periods not longer than fifty years. Source: G.L. � 299. G.S. � 334. R.S. 08: � 5419. …
Colo. Rev. Stat. § 40-20-301 Legislative declaration
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(1) The general assembly finds, determines, and declares that: (a) Railroad transportation is a critical component of Colorado's economy and provides efficient and cost-effective movement of goods across the state and beyond; (b) Protecting Colorado's residents, ecosystems, and i…
Colo. Rev. Stat. § 40-20-302 Definitions
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As used in this part 3, unless the context otherwise requires: (1) Accident has the meaning set forth in 49 CFR 225.5. (2) Class I railroad has the meaning set forth in 49 U.S.C. sec. 20102 (1). (3) Class II railroad has the meaning set forth in 49 U.S.C. sec. 20102 (1). (4) Clas…
Colo. Rev. Stat. § 40-20-304 Emergency operations
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(1) State emergency response authorities may recommend actions necessary to protect railroads, rail workers, and public safety in the event of an emergency such as wildfire, flood, earth movement, or civil disorder, including stopping or rerouting rail traffic if deemed necessary…
Colo. Rev. Stat. § 40-20-305 Incident response requirements
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(1) (a) A railroad operating in Colorado that accommodates high-hazard flammable trains or high-hazard, high-consequence hazardous material shall coordinate with the department of public safety regarding emergency response and spill response capacity and planning. The railroad an…
Colo. Rev. Stat. § 40-20-308 Violations - penalties - rules
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(1) If a railroad or any officer, agent, or employee of the railroad violates section 40-20-303, the public utilities commission may impose a fine of not less than ten thousand dollars but not more than twenty-five thousand dollars on the railroad. Each day of a continuing violat…
Colo. Rev. Stat. § 40-20-310 Training - rules
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(1) On or before July 1, 2025, and at least once every three years thereafter, each railroad shall offer training to each fire department and other first responder organization having jurisdiction along tracks upon which the railroad operates in the state. In satisfying this requ…
Colo. Rev. Stat. § 40-20-311.5 Rail safety fee - rules - fund created
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(1) (a) Beginning on July 1, 2027, and subject to the deadlines described in subsection (3)(a) of this section, the following types of railroads shall pay an annual fee to cover the office of rail safety's and the commission's direct and indirect costs of implementing the require…
Colo. Rev. Stat. § 40-20-314 Enforcement
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The public utilities commission shall conduct periodic compliance reviews to ensure each railroad is in compliance with this part 3. Source: L. 2024: Entire part added, (HB 24-1030), ch. 161, p. 761, � 1, effective July 1.
Colo. Rev. Stat. § 40-20-315 Severability
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If any provision of this part 3 or the application of this part 3 to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this part 3 that can be given effect without the invalid provision or application, and to this end …