Chapter 35 - EXHIBIT 35A • ENTITIES AUTHORIZED TO EXERCISE THE POWER OF EMINENT DOMAIN

• Jurisdiction: Colorado

EXHIBIT 35A • ENTITIES AUTHORIZED TO EXERCISE THE POWER OF EMINENT DOMAIN

ENTITIES AUTHORIZED TO EXERCISE THE POWER OF EMINENT DOMAIN

C.R.S. § 38-1-202 provides:

(1) The following governmental entities, types of governmental entities, and public corporations, in accordance with all procedural and other requirements specified in this article and articles 2 to 7 of this title and to the extent and within any time frame specified in the applicable authorizing statute may exercise the power of eminent domain:
(a) The United States as authorized in section 3-1-102, C.R.S.;
(b) The state:
(I) As authorized in paragraph (b) of article IX of the upper Colorado river basin compact, codified at section 37-62-101, C.R.S.;
(II) As authorized in paragraph 3. of article V of the South Platte river compact, codified at section 37-65-101, C.R.S.;
(III) As authorized in article VII of the Republican river compact, codified at section 37-67-101, C.R.S.;
(IV) By action of the general assembly or by action of any of the following officers and agencies of the state:
(A) The department of human services as authorized in section 19-2-403.5, C.R.S.;
(B) The department of natural resources as authorized in section 24-33-107(3), C.R.S.;
(C) The department of personnel with the approval of the governor as authorized in section 24-82-102, C.R.S.;
(D) The attorney general at the direction of the governor as authorized in section 24- 82-302(1), C.R.S.;
(E) The department of public health and environment as authorized in section 25- 11-303(1)(d), C.R.S.;
(F) The governor as authorized in section 27-1-103(2), C.R.S.;
(G) The department of transportation as authorized in sections 33-11-104 (4), 43-1-210(1), (2), and (3), 43-1-217(1), 43-1-406(4), 43-1-414(1), (2), (3), and (4), 43-1-509, 43-1-1410(1)(i), 43-2-135(1)(k), 43-3-106, and 43-3-107, C.R.S.;
(H) The state board of land commissioners as authorized in section 36-4-108, C.R.S.;
(I) The transportation commission created in section 43-1-106, C.R.S., as authorized in section 43-1-208(3), C.R.S.;
(J) The statewide tolling enterprise as authorized in section 43-4-806(1)(g), C.R.S.; and
(K) The Colorado aeronautical board as authorized in section 43-10-106, C.R.S.;
(c) State educational boards of control, including the state board for community colleges and occupational education and junior college boards of trustees, and institutions of higher education, as authorized in sections 23-53-105, 23-55-104, 23-60-208, 23-71-122(1)(p), and 38-2-105, C.R.S.;
(d) Counties, cities and counties, and boards of county commissioners as authorized in sections 24-72-104(2), 25-1-659, 25-3-306, 29-6-101, 30-11-104(2), 30-11-107(1)(w), 30-11-205, 30-11-307(1)(c), 30-20-108(3), 30-20-402(1)(a), 30-35-201(37), (41), (42), and (43), 31-25-216(2), 41-4-102, 41-4-104, 41-4-108, 41-5-101(1)(a), 43-1-217(1), 43-2-112(2), 43-2-204, 43-2-206, and 43-3-107, C.R.S.;
(e) Cities, cities and counties, and towns as authorized in sections 25-1-659, 29-4-104(1)(d), 29-4-105, 29-4-106, 29-6-101, 29-7-104, 30-20-108(3), 31-15-706(2), 31-15-707(1)(a)

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