Colorado § 40-6-119 - Excess charges - reparation - actions - limitation.
Full text of Colorado Colorado Revised Statutes § 40-6-119 — Excess charges - reparation - actions - limitation., with citation guidance and answers to common questions.
§ 40-6-119. Excess charges - reparation - actions - limitation.
(1) When complaint has been made to the commission concerning any rate, fare, toll, rental, or charge for any product or commodity furnished or service performed by any public utility and the commission has found, after investigation, that the public utility has charged an excessive or discriminatory amount for such product, commodity, or service, the commission may order that the public utility make due reparation to the complainant therefor, with interest from the date of collection, provided no discrimination will result from such reparation.
(2) If the public utility does not comply with the order for the payment of reparation within the specified time in such order, suit may be instituted in any court of competent jurisdiction to recover the same. All complaints concerning excessive or discriminatory charges shall be filed with the commission within two years from the time the cause of action accrues, and the petition for the enforcement of the order shall be filed in the court within one year from the date of the order of the commission. The remedy provided in this section shall be cumulative and in addition to any other remedy in articles 1 to 7 of this title provided in case of failure of a public utility to obey the order or decision of the commission.
Source: L. 13: p. 502, § 56. C.L. § 2965. CSA: C. 137, § 56. CRS 53: § 115-6-19. C.R.S. 1963: § 115-6-19.
ANNOTATION
A railway company exacting an unreasonable charge for its service must make reparation to the extent of the excess. Bonfils v. Pub. Utils. Comm'n, 67 Colo. 563, 189 P. 775 (1920).
Tariff on file, if unreasonable, is no answer to the shipper's demand for reparation. Bonfils v. Pub. Utils. Comm'n, 67 Colo. 563, 189 P. 775 (1920).
Subsection (2) is to be so construed as to have a prospective effect only. Bonfils v. Pub. Utils. Comm'n, 67 Colo. 563, 189 P. 775 (1920).
This section does not apply to complaints by the PUC on its own motion, and the PUC has the authority to investigate and award reparations on its own motion pursuant to § 40-3-102. Peoples Natural Gas Div. v. Pub. Utils. Comm'n, 698 P.2d 255 (Colo. 1985).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 40-6-119
What does Colorado Revised Statutes § 40-6-119 cover?
Section 40-6-119 ("Excess charges - reparation - actions - limitation.") 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 § 40-6-119?
A common citation format is "Colorado Revised Statutes § 40-6-119" (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 § 40-6-119 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.