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.
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