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Colorado Statutes, Title 40

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Title 40, Utilities

0 chapters · 538 sections in this title.

All chapters in Title 40538 Ch 10.181 Ch 255 Ch 1543 Ch 2030 Ch 9.529 Ch 3.226 Ch 325 Ch 624 Ch 719 Ch 4116 Ch 2715 Ch 8.715 Ch 414 Ch 910

538 sections·Filtered byTitle 40✕

Colo. Rev. Stat. § 40-20-312 Community rail safety advisory committee - membership - duties - rail safety plan - discrimination, adverse action, retaliation prohibited - repeal
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(1) The community rail safety advisory committee is created. (2) (a) The community rail safety advisory committee consists of the following members: (I) One member who represents union workers who work for a class I freight rail line in the state, to be appointed by the speaker o…
Colo. Rev. Stat. § 40-20-313 Rail industry safety advisory committee - membership - duties - rail safety plan - repeal
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(1) The rail industry safety advisory committee is created. (2) (a) The rail industry safety advisory committee consists of the following nine members, each to be appointed by the governor: (I) Two members who represent operators of class I railroads operating freight rail lines;…
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 …

Colo. Rev. Stat. § 40-21-101 Domestic railroads - headquarters

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Every railroad company chartered by this state shall keep and maintain permanently its general offices within the state of Colorado at the place named in its charter for the location of its general offices; and, if no certain place is named in its charter where its general office…

Colo. Rev. Stat. § 40-21-102 Officials at general offices

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It is the duty of said railroad company to keep and maintain at the place within this state where its said general offices are located the office of its president or vice-president, secretary, treasurer, local treasurer, auditor, general freight agent, traffic manager, general ma…

Colo. Rev. Stat. § 40-21-103 Violation of article - penalty

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Each railroad company chartered by this state or owning, operating, or controlling any line of railroad within this state which violates any of the provisions of this article shall forfeit to the state of Colorado the charter or right by which it operates its railroad in this sta…

Colo. Rev. Stat. § 40-22-101 Consolidation of roads - restrictions

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It is lawful for any railroad company or corporation, organized or existing under the laws of this state, and whose line or road is made or is in the process of construction to the boundary line of the state or to any point either in or out of the state, under authority of its la…

Colo. Rev. Stat. § 40-22-102 Conditions necessary for consolidation

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(1) Said consolidation shall be made under the conditions, provisions, and restrictions and with the powers as follows: (a) The directors of the several corporations proposing to consolidate may enter into a joint agreement, under the corporate seal of each company, for the conso…

Colo. Rev. Stat. § 40-22-103 Result of consolidation

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Upon making and perfecting the agreement and act of consolidation and filing the same or a copy with the secretary of state, the several corporations which are parties thereto shall be deemed to be one corporation by the name provided in said agreement, possessing within this sta…

Colo. Rev. Stat. § 40-22-104 Property of each transferred

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(1) Upon the consummation of said act of consolidation, all the rights, privileges, and franchises of each of said corporations, parties to the same, and all the property, real, personal, and mixed, and all debts due on whatever account, as well as stock subscriptions and other t…

Colo. Rev. Stat. § 40-22-105 Offices - one in this state

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Such new company, as soon as convenient after such consolidation, shall establish such offices as may be desired, one of which shall be at some point in this state on the line of its road, and may change the same to any other point in this state at pleasure, giving public notice …

Colo. Rev. Stat. § 40-22-106 Consolidation of domestic and foreign corporation

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If any railroad company organized under the laws of this state consolidates with any railroad company organized under the laws of any other state or of the United States, the same shall not become a foreign corporation, and the courts of this state shall retain jurisdiction in al…

Colo. Rev. Stat. § 40-22-107 Taxation

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The portion of the road of such consolidated company in this state and all its real estate and other property shall be subject to like taxation and assessed in the same manner and with like effect as property of other railroad companies within this state. Source: L. 1883: p. 121,…

Colo. Rev. Stat. § 40-23-101 Right to reorganize

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Whenever the railroads, property, and franchises of any railroad company, organized and existing under the laws of this state, are sold and conveyed under or by virtue of any power contained in any trust deed or mortgage or pursuant to the judgment or decree of any court of compe…

Colo. Rev. Stat. § 40-23-102 Power of company so organized

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The railroad company so organized has the power to acquire and purchase the property and franchises so sold and conveyed, and to take, hold, exercise, and enjoy all the estate, franchises, rights, powers, privileges, and claims or demands at law or in equity of the corporation wh…

Colo. Rev. Stat. § 40-24-101 Street railway - consent necessary

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Nothing in articles 20 to 33 of this title shall be construed to allow the construction of any street or other railroad or other structure or substructure for any purpose on, below, or elevated above the surface of the ground of any street or alley within the limits of any such c…

Colo. Rev. Stat. § 40-24-102 Grant right-of-way - condemnation

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The boards of county commissioners in their respective counties in the state of Colorado, with the written consent of a majority of the holders of property (measured by the front foot) abutting on each side of such county roads, have the power to grant to any person, company, cor…

Colo. Rev. Stat. § 40-24-103 Petition for right-of-way

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Any person, company, corporation, or association desiring in good faith to construct, maintain, and operate an electric railroad over, along, or across any county road within any county in this state may petition the board of county commissioners of such county for a franchise an…

Colo. Rev. Stat. § 40-24-104 Railroad to maintain and keep joint road and bridges in good repair

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Any person, company, corporation, or association to whom any such right-of-way and franchise is granted shall construct and maintain its railroad on either side of the county road, and, at its own expense and in good substantial manner, shall strengthen and repair all bridges and…

Colo. Rev. Stat. § 40-24-105 New bridges - construction and maintenance

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Whenever it becomes necessary to build or construct any new bridges or culverts on any county road over or along which any person, company, corporation, or association is operating and maintaining an electric railroad, said person, company, corporation, or association shall pay t…

Colo. Rev. Stat. § 40-24-106 Width of joint bridges

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Any bridge or culvert constructed upon any county road or public highway which is to be used jointly by any electric railroad and the traveling public shall not be less than twenty-four feet in width. Source: L. 07: p. 409, § 5. R.S. 08: § 5436. C.L. § 2840. CSA: C. 139, § 26. CR…

Colo. Rev. Stat. § 40-24-107 Forfeiture of right-of-way - cause

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Whenever any person, company, corporation, or association obtains a franchise and right-of-way to operate an electric railroad over or along any county road in any county in this state and fails, refuses, or neglects, for a period of six months after the granting of any such fran…

Colo. Rev. Stat. § 40-24-108 Railroad subject to assignment

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Any person, company, corporation, or association obtaining any right-of-way or franchise to construct, operate, and maintain an electric railroad along, over, and across any county road within such county has the right to assign and transfer such franchise and right-of-way to any…

Colo. Rev. Stat. § 40-27-101 Owner driving stock on track

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If the owner of any stock drives any stock on the line of the track of any railway company or corporation, with intent to injure such company or corporation, and if said stock is killed or injured, the owner shall not receive any damages from the railroad company or corporation t…

Colo. Rev. Stat. § 40-27-102 Fence right-of-way - cattle guards

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(1) Every railway company or corporation whose lines or roads, or any part thereof, are open for use, within six months after the lines of such railways or any part thereof are open, except at the crossings of public roads and highways and within the limits of incorporated towns …

Colo. Rev. Stat. § 40-27-103 Liability for injury to stock

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Any railroad company running or operating its roads in this state and failing to fence on both sides thereof against livestock running at large at all points shall be absolutely liable to the owners of any such livestock killed, injured, or damaged by their agents, employees, eng…

Colo. Rev. Stat. § 40-27-104 Compliance prima facie defense

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Any railway company or corporation or the assignee or lessee thereof whose road is enclosed with good and sufficient fences, gates, and cattle guards, as provided in section 40-27-102, capable of keeping such animals from being upon such road may plead and prove the same as a def…

Colo. Rev. Stat. § 40-27-105 Burden of proof

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The killing or injury of any animal by a railway company or corporation shall be prima facie evidence of the negligence of said railway company or corporation, and every railway company or corporation in this state and every assignee or lessee thereof shall be liable to pay to th…

Colo. Rev. Stat. § 40-27-106 Engineer to notify agent - inspection

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(1) Whenever any cattle, sheep, horses, mules, or asses are killed or injured by any train, engine, or car upon any railway in this state, it is the duty of the engineer operating the engine, train, or car to notify the station agent at the first station at which the train stops …

Colo. Rev. Stat. § 40-27-107 Reports of inspector and foreman

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After making such examination it is the duty of the stock inspector to immediately forward a report to the secretary of the state board of stock inspection commissioners showing all the facts in regard to the killing or wounding of said animal, together with a full description an…

Colo. Rev. Stat. § 40-27-108 Notification of owner and claim agent

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(1) Upon receipt of the information from any authorized stock inspector of the killing or wounding of any animal by any railroad company or by its engine, cars, or trains, it is the duty of the secretary of the state board of stock inspection commissioners to notify the owner of …

Colo. Rev. Stat. § 40-27-109 Proof of ownership and value

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(1) The owner or duly authorized agent of the owner of any animal so killed or injured by any railway company within this state, within thirty days after notice of such killing or injuring, shall make proof that he was the owner or authorized agent of the owner of the animal so k…

Colo. Rev. Stat. § 40-27-110 Value of animal - finding of board

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Whenever any owner of any animal so killed or wounded or any railroad company or corporation or the assignee or lessee thereof submits any such claim for killing or damaging of livestock to the state board of stock inspection commissioners for determination as to what damage if a…

Colo. Rev. Stat. § 40-27-111 Owner declining estimate

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Should any owner of any animal so killed or wounded by any railroad company decline to accept the estimated value of such animal or the estimated amount of such damage as fixed by the stock inspector or to submit the same to the arbitration of the said board, within six months he…

Colo. Rev. Stat. § 40-27-112 Time for payment and suit

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In case such railway company or corporation or the assignee or lessee thereof fails for thirty days after demand made therefor by the owner of any animal or his agent or attorney to pay such owner or his agent or attorney the value of said animal as claimed, then such owner, with…

Colo. Rev. Stat. § 40-27-113 Evidence destroyed - penalty

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Any person who in any way conceals the evidence of the killing or wounding of any animal by any railroad train, engine, or cars on any railroad in this state or who in any way destroys or covers up the evidence that may lead to the identification of any animal so killed or injure…

Colo. Rev. Stat. § 40-27-114 Care of animals injured

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Whenever any horse, cow, or other animal is injured by a train or otherwise on the right-of-way of any railroad company, it is the duty of trackwalkers, section men, brakemen, conductors, firefighters, engineers, and other employees of said company to care for such animal at once…

Colo. Rev. Stat. § 40-27-115 Admission of liability - waiver of claim

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No act of the said railroad company, its employees or agent, or the owner of such injured animal shall be held to be an admission of liability or responsibility on the part of the said company for the injury of the said animal nor a waiver or relinquishment by said owner of any r…

Colo. Rev. Stat. § 40-29-101 Switch lights

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Any railroad or railway company owning or operating within this state any line or branch of railroad connecting with any main line of railroad by means of a switch shall provide such switch with a reflector signal or with a suitable light such as is commonly used for such purpose…

Colo. Rev. Stat. § 40-29-102 Violation - penalty

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Any railroad or railway company which violates, or permits to be violated, any of the provisions of section 40-29-101, or any officer, agent, or employee of such railroad or railway company who violates, or permits to be violated, any of the provisions of said section shall be fi…

Colo. Rev. Stat. § 40-29-103 Jurisdiction of county courts

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The county court has jurisdiction of any offense under sections 40-29-101 and 40-29-102. Source: L. 03: p. 405, § 3. R.S. 08: § 5506. C.L. § 2884. CSA: C. 139, § 70. CRS 53: § 116-10-3. C.R.S. 1963: § 116-10-3. L. 64: p. 307, § 267.

Colo. Rev. Stat. § 40-29-106 Locomotive headlights - exceptions

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It is the duty of every railroad corporation, receiver, or lessee thereof operating any line of railroad in this state to equip all locomotive engines used in the transportation of trains over said railroad with headlights of not less than twelve hundred candle power, measured wi…

Colo. Rev. Stat. § 40-29-107 Violation - penalty

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Any railroad company or the receiver or lessee thereof doing business in the state of Colorado which violates the provisions of section 40-29-106 shall be liable to the state of Colorado for a penalty of not less than one hundred dollars nor more than one thousand dollars for eac…

Colo. Rev. Stat. § 40-29-110 Duties of commission

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For the purpose of protecting the health and safety of employees of railroads, the public utilities commission of Colorado shall prescribe standards of safety. Source: L. 57: p. 603, § 1. CRS 53: § 116-10-10. C.R.S. 1963: § 116-10-10. L. 2000: Entire section amended, p. 219, § 9,…

Colo. Rev. Stat. § 40-29-111 Compliance

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(1) It is the duty of all persons engaged in the operation of railroads to comply with any regulation or order of the commission issued under the provisions of section 40-29-110 and to furnish any information required by the commission for purposes of section 40-29-110. The provi…

Colo. Rev. Stat. § 40-29-116 Highway-rail crossing signalization fund created - annual appropriation

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(1) The highway-rail crossing signalization fund is hereby created in the state treasury, in order to promote the public safety and to provide for the payment of the costs of installing, reconstructing, and improving automatic and other safety appliance signals or devices at cros…

Colo. Rev. Stat. § 40-30-101 Fire guard by plowing

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Every railroad corporation operating its lines of road or any part thereof within this state, between the fifteenth day of July and the first day of November of each and every year, upon each side of its line of road, shall plow as a fire guard a continuous strip of not less than…

Colo. Rev. Stat. § 40-30-102 Penalty for noncompliance

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Any railroad company failing to comply with the provisions of section 40-30-101 shall be liable to pay a penalty of two hundred dollars for each and every mile or fractional part thereof of such strip of land it neglects to plow on either side of the line of its road in this stat…

Colo. Rev. Stat. § 40-30-103 Liability of railroad company

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Every railroad company operating its line of road, or any part thereof, within this state shall be liable for all damages by fires that are set out or caused by operating any such line of road, or any part thereof, in this state, whether negligently or otherwise. Such damages may…