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1 Formally defined, ?an easement is a right conferred by grant, prescription or necessity authorizing one to do or maintain something on the land of another, 'which, although a benefit to the land of the former, may be a burden on the land of the latter.'?
Colorado Revised Statute section 102, states: ?[r]ight-of-way? means the right of one vehicle operator or pedestrian to proceed in a lawful manner in preference to another vehicle operator or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless ...
What is a right-of-way used for? Rights-of-way (ROWs) are used to accommodate encumbrances on trust land that are directly allowed under the terms of a contract. ROWs are most typically used for telephone and electrical lines, utility transmission corridors, oil and gas pipelines, and ditches.
Rights of Ditch Easement Holders in Colorado. Colorado Law provides any water right holder with an easement for a right-of- way through lands lying between the point of diversion and the place of use, upon condemnation and payment of just compensation. COLO. CONST. ART.