Section 38-1-202 - Governmental entities, corporations, and persons authorized to use eminent domain(1) The following governmental entities, types of governmental entities, and public corporations, in accordance with all procedural and other requirements specified in this article 1 and articles 2 to 7 of this title 38 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 19-2.5-1503;(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.;(F) The governor as authorized in section 27-90-102(3), 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, as authorized in section 43-1-208(2);(J) The statewide bridge enterprise as authorized in section 43-4-805(5)(e), C.R.S.;(J.5) The high-performance transportation enterprise as authorized in section 43-4-806(6)(e), 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 local district college boards of trustees, and institutions of higher education, as authorized in sections 23-31.5-108, 23-53-105, 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), 25-3-306, 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 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) and (1)(e), 31-15-708(1)(b), 31-15-716(1)(c), 31-25-201(1), 31-25-216(2), 31-25-402(1)(c), 31-35-304, 31-35-402(1)(a), 31-35-512(1)(g), 38-5-105, 38-6-101, 38-6-122, 41-4-108, and 41-4-202, C.R.S.;(f) The following types of single purpose districts, special districts, authorities, boards, commissions, and other governmental entities that serve limited governmental purposes or that may exercise eminent domain for limited purposes: (I) A school district as authorized in section 22-32-111, C.R.S.;(II) A power authority established pursuant to section 29-1-204(1), C.R.S., as authorized in section 29-1-204(3)(f), C.R.S.;(III) A water or drainage authority established pursuant to section 29-1-204.2(1), C.R.S., as authorized in section 29-1-204.2(3)(f), C.R.S.;(IV) A multijurisdictional housing authority established pursuant to section 29-1-204.5(1), C.R.S., as authorized in section 29-1-204.5(3)(f), C.R.S.;(V) A housing authority organized pursuant to part 2 of article 4 of title 29, C.R.S., as authorized in sections 29-4-209(1)(k), 29-4-211, and 29-4-212, C.R.S.;(VI) An authority created by a municipality for the purpose of carrying out a development plan pursuant to section 29-4-306, C.R.S., as authorized in sections 29-4-306(2) and 29-4-307(1)(a), C.R.S.;(VII) A metropolitan recreation district or park and recreation district organized under article 1 of title 32, C.R.S., or a municipal board given charge of a recreation system as authorized in sections 29-7-104 and 32-1-1005(1)(c), C.R.S.;(VIII) An improvement district created by a county pursuant to part 5 of article 20 of title 30, C.R.S., as authorized in section 30-20-512(1)(i), C.R.S.;(IX) An urban renewal authority created pursuant to section 31-25-104, C.R.S., as authorized in sections 31-25-105(1)(e) and 31-25-105.5, C.R.S., and in accordance with the vesting requirements specified in article 7 of this title;(X) An improvement district created by a municipality pursuant to part 6 of article 25 of title 31, C.R.S., as authorized in section 31-25-611(1)(i), C.R.S.;(XI) A board of water and sewer commissioners created by the governing body of a municipality pursuant to section 31-35-501, C.R.S., as authorized in sections 31-35-511 and 31-35-512(1)(g), C.R.S.;(XII) A fire protection district as authorized in section 32-1-1002(1)(b), C.R.S.;(XIII) A metropolitan district as authorized in section 32-1-1004(4), C.R.S.;(XIV) A sanitation, water and sanitation, or water district as authorized in section 32-1-1006(1)(f), C.R.S.;(XV) A tunnel district as authorized in section 32-1-1008(1)(c), C.R.S.;(XVI) A water and sanitation district organized under part 4 of article 4 of title 32, C.R.S., as authorized in section 32-4-406(1)(j), C.R.S.;(XVII) A metropolitan sewage district organized under the provisions of part 5 of article 4 of title 32, C.R.S., as authorized in section 32-4-502(5) and 32-4-510(1)(j), C.R.S.;(XVIII) A regional service authority formed in accordance with the provisions of section 17 of article XIV of the state constitution and article 7 of title 32, C.R.S., as authorized in section 32-7-113(1)(k), C.R.S.;(XIX) The regional transportation district created in section 32-9-105, C.R.S., as authorized in sections 32-9-103(2), 32-9-119(1)(k), and 32-9-161, C.R.S.;(XX) The urban drainage and flood control district created in section 32-11-201, C.R.S., as authorized in sections 32-11-104(10), 32-11-216(1)(g), 32-11-220(1)(b), 32-11-615(2), and 32-11-663, C.R.S.;(XX.5) The Fountain creek watershed, flood control, and greenway district created in section 32-11.5-201, C.R.S., as authorized in section 32-11.5-205(1)(n)(I), C.R.S.;(XXI) A mine drainage district organized under the provisions of article 51 of title 34, C.R.S., as authorized in section 34-51-123, C.R.S.;(XXII) A conservation district created pursuant to article 70 of title 35, C.R.S., as authorized in section 35-70-108(1)(e), C.R.S.;(XXIII) A conservancy district created under articles 1 to 8 of title 37, C.R.S., as authorized in sections 37-2-105(7), 37-3-103(1)(h), 37-3-116, 37-3-117, and 37-4-109(3), C.R.S.;(XXIV) A drainage district organized pursuant to article 20 of title 37, C.R.S., as authorized in sections 37-21-114(1), 37-23-103, and 37-24-104, C.R.S.;(XXV) The Grand Junction drainage district created in section 37-31-102(1), C.R.S., as authorized in sections 37-31-119 and 37-31-152, C.R.S.;(XXVI) An irrigation district organized under the provisions of article 41 of title 37, C.R.S., as authorized in sections 37-41-113(3) and (5), 37-41-114, 37-41-128, and 37-43-207, C.R.S.;(XXVII) An irrigation district organized under the provisions of article 42 of title 37, C.R.S., as authorized in sections 37-42-113(1) and (2) and 37-43-207, C.R.S.;(XXVIII) An internal improvement district established under the provisions of article 44 of title 37, C.R.S., as authorized in sections 37-44-103(1)(b), 37-44-108(1) and (2), 37-44-109, and 37-44-141, C.R.S.;(XXIX) A water conservancy district organized under the provisions of article 45 of title 37, C.R.S., as authorized in sections 37-45-118(1)(c) and 37-45-119, C.R.S.;(XXX) A water activity enterprise, as defined in section 37-45.1-102(4), C.R.S., exercising the legal authority to exercise the power of eminent domain of the district that owns it in relation to a water activity, as defined in section 37-45.1-102(3), C.R.S., as authorized in section 37-45.1-103(4), C.R.S.;(XXXI) The Colorado river water conservation district created in section 37-46-103, C.R.S., as authorized in section 37-46-107(1)(i), C.R.S.;(XXXII) The southwestern water conservation district created in section 37-47-103, C.R.S., as authorized in section 37-47-107(1)(i), C.R.S.;(XXXIII) The Rio Grande water conservation district created in section 37-48-102, C.R.S., as authorized in section 37-48-105(1)(i), C.R.S.;(XXXIV) The Republican river water conservation district created in section 37-50-103(1), C.R.S., as authorized in section 37-50-107(1)(j), C.R.S.;(XXXV) The Colorado water conservation board created in section 37-60-102, C.R.S., as authorized in section 37-60-106(1)(j), C.R.S.;(XXXVI) The Colorado water resources and power development authority created in section 37-95-104(1), C.R.S., as authorized in section 37-95-106(1)(n) and (1)(v), C.R.S.;(XXXVII) A public airport authority created under the provisions of article 3 of title 41, C.R.S., as authorized in section 41-3-106(1)(j), C.R.S.;(XXXVIII) A public highway authority created pursuant to section 43-4-504, C.R.S., as authorized in sections 43-4-505(1)(a)(IV) and 43-4-506(1)(h), C.R.S.;(XXXIX) A regional transportation authority created pursuant to section 43-4-603, as authorized in section 43-4-604(1)(a)(IV);(XL) The Colorado aeronautical board created in section 43-10-104, as authorized in section 43-10-106;(XLI) The front range passenger rail district created in section 32-22-103(1), as authorized in section 32-22-106(1)(k); and(XLII) The Colorado electric transmission authority created in section 40-42-103(1) as authorized in section 40-42-104(1)(p).(2) The following types of corporations and persons, in accordance with all procedural and other requirements specified in this article and articles 2 to 7 of this title 38 and to the extent and within any time frame specified in the applicable authorizing provision of the state constitution or statute may exercise the power of eminent domain:(a) A person or corporation that needs to exercise the power of eminent domain in order to acquire any right-of-way across public, private, or corporate lands for the construction of ditches, canals, and flumes for the purposes of conveying water for domestic purposes, for the irrigation of agricultural lands, for mining and manufacturing purposes, or for drainage, as authorized in section 7 of article XVI of the state constitution;(b) A pipeline company as authorized in article 5 of this title and sections 7-43-102, 34-48-105, 34-48-111, 38-1-101.5, 38-1-101.7, 38-2-101, 38-4-102, and 38-4-107, C.R.S.;(c) A cemetery company organized pursuant to section 7-47-101, C.R.S., as authorized in section 7-47-102, C.R.S.;(d) A cemetery authority, as defined in section 6-24-101(3), as authorized in section 6-24-104;(e) A public utility as authorized in section 32-12-125, C.R.S.;(f) An owner or agent of an owner of coal lands lying on two or more sides of the property of another as authorized in section 34-31-101, C.R.S.;(g) A person who requires a right-of-way or property in order to bring water or air into a mine or convey tailings and wastes from a mining operation, construct or maintain a flume, ditch, pipeline, tram, tramway, or pack trail over or through mining claims, or follow a mineral-bearing vein or lode into the property of another person pursuant to an established right to do so as authorized in sections 34-48-101, 34-48-105, 34-48-107, 34-48-110, and 34-48-111, C.R.S.;(h) A natural gas public utility, as defined in section 34-64-102(3), C.R.S., as authorized in section 34-64-103, C.R.S.;(i) A person who owns a water right or conditional water right as authorized in article 86 of title 37, C.R.S.;(j) A person who needs to create or operate a water storage facility in order to realize the person's right to appropriate water as authorized in section 37-87-101, C.R.S.;(k) A person who, under general laws or special charter, requires and is entitled to private property of another for private use, private ways of necessity, or for reservoirs, drains, flumes, or ditches on or across the lands of others for agricultural, mining, milling, domestic, or sanitary purposes as authorized in section 38-1-102;(l) A corporation formed for the purpose of constructing a road, ditch, reservoir, pipeline, bridge, ferry, tunnel, telegraph line, railroad line, electric line, electric plant, telephone line, or telephone plant as authorized in section 38-2-101;(m) Landowners who wish to construct a drain to carry off surplus water as authorized in section 38-2-103;(n) A mineral landowner who needs to construct a connecting railroad spur over another landowner's property as authorized in section 38-2-104;(o) A tunnel company as authorized in sections 38-2-101, 38-4-101, 38-4-107, and 38-4-110;(p) An electric power company as authorized in sections 38-2-101, 38-4-101, and 38-4-107;(q) A tramway company as authorized in sections 38-4-104 and 38-4-107;(r) A telegraph, telephone, electric light power, gas, or pipeline company as authorized in sections 38-2-101 and 38-5-105 and limited by section 38-5-108; and(s) A person, company, corporation, or association that has been granted an electric railroad franchise as authorized in section 40-24-102, C.R.S.Amended by 2021 Ch. 136,§138, eff. 10/1/2021.Amended by 2021 Ch. 401,§3, eff. 6/30/2021.Amended by 2021 Ch. 329,§8, eff. 6/24/2021.Amended by 2019 Ch. 67,§3, eff. 8/2/2019.Amended by 2017 Ch. 239,§3, eff. 8/9/2017.Amended by 2015 Ch. 79,§10, eff. 8/5/2015.L. 2006: Entire part added, p. 353, § 1, effective August 7. L. 2007: (1)(c) amended, p. 550, § 6, effective August 3. L. 2008: (1)(d) and (1)(e) amended, p. 2055, § 13, effective July 1. L. 2009: (1)(b)(IV)(J) amended and (1)(b)(IV)(J.5) added, (SB 09-108), ch. 54, p. 54, § 16, effective March 2; (1)(f)(XX.5) added, (SB09-141), ch. 875, p. 875, § 2, effective April 30. L. 2010: (1)(b)(IV)(F) amended, (SB 10-175), ch. 807, p. 807, § 83, effective April 29. L. 2011: (1)(b)(IV)(F) amended, (HB 11-1303), ch. 1173, p. 1173, § 87, effective August 10. L. 2015: (1)(b)(IV)(E) repealed, (HB 15-1145), ch. 228, p. 228, § 10, effective August 5. L. 2017: IP(2) and (2)(d) amended, (HB 17-1244), ch. 983, p. 983, § 3, effective August 9. L. 2019: IP(1) and (1)(b)(IV)(I) amended, (SB 19-017), ch. 244, p. 244, §3, effective August 2. L. 2021: IP(1)(f), (1)(f)(XXXIX), and (1)(f)(XL) amended and (1)(f)(XLII) added, (SB 21-072), ch. 2127, p. 2127, § 8, effective June 24; (1)(f)(XXXIX) and (1)(f)(XL) amended and (1)(f)(XLI) added, (SB 21-238), ch. 2673, p. 2673, § 3, effective June 30; (1)(b)(IV)(A) amended, (SB 21-059), ch. 136, p. 751, § 138, effective October 1.Section 11 of chapter 329 (SB 21-072), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after June 24, 2021.
For the legislative declaration in SB 19-017, see section 1 of chapter 67, Session Laws of Colorado 2019.