40-2-125. Eminent domain restrictions

40-2-125. Eminent domain restrictions. (1) A qualifying retail utility shall not have the authority to condemn or exercise the power of eminent domain over any real estate, right-of-way, easement, or other right pursuant to section 38-2-101, C.R.S., to site the generation facilities of a renewable energy system used in whole or in part to meet the electric resource standards set forth in section 40-2-124. This section shall not be construed to limit the authority of a home rule municipality under article XX of the Colorado constitution. (2) Section 3 of this initiated measure provides that this section and section 40-2-124 shall be effective December 1, 2004.