Colorado § 38-5-105 - Companies, cities, and towns have eminent domain right.
Full text of Colorado Colorado Revised Statutes § 38-5-105 — Companies, cities, and towns have eminent domain right., with citation guidance and answers to common questions.
§ 38-5-105. Companies, cities, and towns have eminent domain right.
Such telegraph, telephone, electric light power, gas, or pipeline company or such city or town is vested with the power of eminent domain, and authorized to proceed to obtain rights-of-way for poles, wires, pipes, regulator stations, substations, and systems for such purposes by means thereof. Whenever such company or such city or town is unable to secure by deed, contract, or agreement such rights-of-way for such purposes over, under, across, and upon the lands, property, privileges, rights-of-way, or easements of persons or corporations, it shall be lawful for such telegraph, telephone, electric light power, gas, or pipeline company or any city or town owning electric power producing or distribution facilities to acquire such title in the manner now provided by law for the exercise of the right of eminent domain and in the manner as set forth in this article.
Source: L. 07: p. 386, § 5. R.S. 08: § 2455. C.L. § 6356. CSA: C. 61, § 46. CRS 53: § 50-5-5. L. 63: p. 480, § 5. C.R.S. 1963: § 50-5-5.
ANNOTATION
Because corporation is a foreign corporation, in good standing and authorized to do business in Colorado, operates and maintains a pipeline on landowner's properties, conveys petroleum products through its pipelines, and would be responsible for the construction, cost, operation, and maintenance of the pipeline, corporation is a pipeline company for purposes of this section. Sinclair Transp. Co. v. Sandberg, 228 P.3d 198 (Colo. App. 2009), rev'd on other grounds sub nom. Larson v. Sinclair Transp. Co., 2012 CO 36, 284 P.3d 42.
By enacting this section, the general assembly did not grant, either expressly or by clear implication, the power of eminent domain to companies for the construction of pipelines carrying petroleum. Rather, the general assembly intended to authorize condemnation for the construction of electric power infrastructure. Larson v. Sinclair Transp. Co., 2012 CO 36, 284 P.3d 42.
Applied in Larson v. Chase Pipe Line Co., 183 Colo. 76, 514 P.2d 1316 (1973).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-5-105
What does Colorado Revised Statutes § 38-5-105 cover?
Section 38-5-105 ("Companies, cities, and towns have eminent domain right.") 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 § 38-5-105?
A common citation format is "Colorado Revised Statutes § 38-5-105" (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 § 38-5-105 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.