2020 Colorado Revised Statutes
Title 40 - Utilities
Article 9.5. Cooperative Electric Associations
Section 40-9.5-204. Just compensation for service rights and facilities by municipality.
(1) The just compensation for electric distribution facilities and service rights shall be:
The present-day reproduction cost, new, of the electric distribution facilities beingacquired, less depreciation computed on a straight-line basis over thirty-five years with such depreciation being limited to one-half of such cost; and
An amount equal to the cost of constructing any necessary facilities to reintegrate thesystem of the cooperative electric association located outside the municipality or the area annexed by the municipality after detaching the electric distribution facilities to be sold; and
An annual amount, payable each year for a period of ten years following the date ofpurchase, equal to twenty-five percent of the revenues received by the municipality from the sale of electric power to the services within such municipality which were previously served by the cooperative electric association; and
An annual amount equal to five percent of the revenues received by the municipalityfrom the sale of electric power to the additional services that come into existence in the affected area, for each year for a period of ten years following the date of acquisition.
(2) If the cooperative electric association and the municipality cannot agree on the amount to be paid pursuant to subsection (1) of this section, either party may bring an action for condemnation or inverse condemnation in the district court for the county in which the property is located to determine the amount to be paid pursuant to the factors stated in subsection (1) of this section. During the pendency of any such action, the municipality shall deposit with the court the amount the municipality has offered to be paid the cooperative electric association, and, upon said payment, the municipality shall have the right to serve all electric customers within the annexed area.
Source: L. 86: Entire part added, p. 1160, § 1, effective May 27.
