Chapter 33 - § 33.1 • TOLL ROAD COMPANIES

• Jurisdiction: Colorado

§ 33.1 • TOLL ROAD COMPANIES

§ 33.1.1—Formation of Toll Road Companies

A toll road or a toll highway¹ company² must be formed under Colorado law.³ It must include the designation "PTR" in its official name as specified in its filed formation documents.⁴

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. Any corridor included in a filed formation document filed before June 2, 2008 does not 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 C.R.S. § 7-45-103.⁵

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Notes:

^[1] C.R.S. § 7-45-102(8) provides:

"Toll road" or "toll highway" means a series of improvements, including but not limited to paving, grading, landscaping, curbs, gutters, culverts, sidewalks, bikeways, lighting, bridges, overpasses, underpasses, frontage roads, access roads, interchanges, drainage facilities, mass transit lanes, park and ride facilities, toll collection facilities, administrative or maintenance facilities, and emergency response and law enforcement services. . . .

^[2] C.R.S. § 7-45-102(6) provides:

"Company" means a domestic corporation, general partnership, limited partnership, limited liability company, limited liability partnership, limited liability limited partnership, limited partnership association, nonprofit association, nonprofit corporation, cooperative, or other organization or association that is created under a statute or common law of this state and that is recognized under the law of this state as a separate legal entity.

^[3] C.R.S. § 7-45-101(1).

^[4] C.R.S. § 7-45-101(2). C.R.S. § 7-45-102(7) provides:

"Filed formation document" means articles of incorporation, articles of organization, a certificate of limited partnership, articles of association, a statement of registration, or any other document of similar import filed by an entity with the secretary of state under which the entity is formed or obtains its legal status in this state.

^[5] C.R.S. § 7-45-101(1). C.R.S. § 7-45-103 provides in part:

If the preexisting toll road or toll highway company performs the required work,

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