Colorado § 40-5-104 - Acquisition by municipality.
Full text of Colorado Colorado Revised Statutes § 40-5-104 — Acquisition by municipality., with citation guidance and answers to common questions.
§ 40-5-104. Acquisition by municipality.
(1) Any municipality which has acquired or constructed any public utility plant, property, or facility has the power to contract with a public utility for the operation of any part or the whole thereof, subject to the provisions of articles 1 to 7 of this title and to exercise, in respect to such public utility, the powers of regulation and supervision conferred upon it by the commission.
(2) Sections 40-5-101 to 40-5-104 shall not apply to railroads.
Source: L. 17: p. 417, § 1. C.L. § 2946. CSA: C. 137, § 36. CRS 53: § 115-5-4. C.R.S. 1963: § 115-5-4. L. 69: p. 938, § 30.
ANNOTATION
Commission determines certification of new area absent preexisting right to serve area. When there is no preexisting right to serve an area, even if there is presently service to a contiguous area, the new area can be certificated to whomever the public utilities commission, exercising its expertise, determines is best able to serve the territory. Rocky Mt. Natural Gas Co. v. Pub. Utils. Comm'n, 199 Colo. 352, 617 P.2d 1175 (1980).
Frequently Asked Questions About Colorado § 40-5-104
What does Colorado Revised Statutes § 40-5-104 cover?
Section 40-5-104 ("Acquisition by municipality.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 40-5-104?
A common citation format is "Colorado Revised Statutes § 40-5-104" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 40-5-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.