NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      SENATE BILL 07-039
      
      
      BY SENATOR(S) Brophy, and Schultheis;
      also REPRESENTATIVE(S) Gardner C., Butcher, Lambert, Looper,
      McFadyen, Rose, and Sonnenberg.
      
      
      Concerning due process rights of affected landowners relating
           to the salvage of gas transmission lines.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Article 1.5 of title 9, Colorado Revised Statutes, is
      amended BY THE ADDITION OF A NEW SECTION to read:
      
           9-1.5-107.  Notice of removal of underground facilities.  At least
      ten days before beginning an excavation to remove an
      underground facility that is a gas transmission pipeline that has
      been abandoned or is unused and is not located in a public road,
      street, alley, or right-of-way dedicated to public use, the
      excavator shall notify each owner of record and occupant of the
      real property where such underground facility is located.  The
      notice shall state the commencement, extent, and duration of the
      excavation in addition to the information required by section
      9-1.5-103 (3) (c) and shall be served in the same manner as personal
      service under the Colorado rules of civil procedure; except that,
      if such personal service cannot be made through the use of due
      diligence, notice may be served by mail to the owner's or
      occupant's last-known address.  If a valid mailing address is not
      available through the use of due diligence, notice may be made by
      publication in a newspaper published in the county in which the
      property is located.  For purposes of this section, an underground
      facility is not considered abandoned or unused if it is in operation
      for its intended purpose or is being actively maintained with
      reasonable anticipation of a future use.
      
           SECTION 2.  Effective date.  This act shall take effect at 12:01
      a.m. on the day following the expiration of the ninety-day period after final
      adjournment of the general assembly that is allowed for submitting a
      referendum petition pursuant to article V, section 1 (3) of the state
      constitution, (August 8, 2007, if adjournment sine die is on May 9, 2007);
      except that, if a referendum petition is filed against this act or an item,
      section, or part of this act within such period, then the act, item, section, or
      part, if approved by the people, shall take effect on the date of the official
      declaration of the vote thereon by proclamation of the governor.
      
      
      
      
      ____________________________  ____________________________
      Joan Fitz-Gerald                      Andrew Romanoff
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Karen Goldman                          Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO