Colorado Revised Statutes

Colo. Rev. Stat. § 38-5.5-104 (2026)

Right-of-way across state land

✓ current as of July 2026

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Any domestic or foreign telecommunications provider or broadband provider authorized to do business under the laws of this state has the right to construct, maintain, and operate lines of communication, switches, and related facilities, and communications and broadband facilities, including small cell facilities and small cell networks, and obtain a permanent right-of-way for the facilities over, upon, under, and across all public lands owned by or under the control of the state, upon the payment of just compensation and upon compliance with reasonable conditions as the state board of land commissioners may require.

Source: L. 96: Entire article added, p. 300, § 1, effective April 12. L. 2017: Entire section amended, (HB 17-1193), ch. 143, p. 478, § 7, effective July 1.

Notes of Decisions

Cited in 1 case, 2013–2013 · leading case: Qwest Corp. v. Colorado Div. of Prop. Taxation, 304 P.3d 217 (Colo. 2013).

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Qwest Corp. v. Colorado Div. of Prop. Taxation, 304 P.3d 217 (Colo. 2013). · cites it 2× “*224 See § 38-5.5-104, C.R.S. (2012). Cable companies compete for customers without this advantage.”

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