2016 Colorado Revised Statutes
Title 38 - Property - Real and Personal
Eminent Domain
Article 5.5 - Rights-of-Way: Telecommunications Providers
§ 38-5.5-106. Consent necessary to use of streets

CO Rev Stat ยง 38-5.5-106 (2016) What's This?

(1) (a) Nothing in this article shall be construed to authorize any telecommunications provider to erect any poles or construct any conduit, cable, switch, or related appurtenances and facilities along, through, in, upon, under, or over any public highway within a political subdivision without first obtaining the consent of the authorities having power to give the consent of such political subdivision.

(b) A telecommunications provider that, on or before April 12, 1996, either has obtained consent of the political subdivision having power to give such consent or is lawfully occupying a public highway in a political subdivision shall not be required to apply for additional or continued consent of such political subdivision under this section.

(2) Consent for the use of a public highway within a political subdivision shall be based upon a lawful exercise of the police power of such political subdivision and shall not be unreasonably withheld, nor shall any preference or disadvantage be created through the granting or withholding of such consent.

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