Chapter 33 - § 33.2 • TOLL ROAD RIGHTS OF WAY

• Jurisdiction: Colorado

§ 33.2 • TOLL ROAD RIGHTS OF WAY

§ 33.2.1—Acquisition of Right-of-Way

On and after June 6, 2006, a preexisting toll road or toll highway company has no 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. A new toll road or toll highway company has no 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.⁶

A preexisting or new toll road or toll highway company may enter into a public-private initiative with the department of transportation⁷ for the purpose of enabling the construction of a toll road or toll highway. But in such a case the power of eminent domain may not be exercised by the toll road or toll highway company and may be exercised by the department only for the 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.⁸ The department may not use this power of eminent domain to acquire a cemetery as defined in C.R.S. § 10-15-102(2),⁹ or property owned by or primarily used by a religious organization.¹⁰ In exercising the power of eminent domain, the department must 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 must form a corridor not larger than that approved by all affected metropolitan planning organizations, regional planning commissions, and the transportation commission pursuant to C.R.S. §§ 7-45-105 and 7-45-106.¹¹ 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 to a toll road or toll highway company.¹²

§ 33.2.2—Notice of Proposed Toll Road or Toll Highway

Within 90 days of the inclusion of a proposed toll road or toll highway or any other element of a toll road or toll highway project proposed by an existing or new toll road or toll highway company in the comprehensive statewide transportation plan,¹³ the toll road or toll highway company must send written notice to each person who owns real property within the proposed route of the proposed toll road, toll highway, or project of the intent of the toll road or toll highway company to construct the proposed toll road, toll highway, or element of the project. The toll...