House Bill 25-1029 Preamended

A Bill for an Act

• Page 1, Line 101Concerning the scope of municipal authority over land that

• Page 1, Line 102a municipality acquires that is outside its municipal

• Page 1, Line 103limits.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

Current law grants a municipality full police power and control (authority) over land that it acquires outside its municipal limits for use as parks, parkways, boulevards, or roads. The bill extends this authority to land that a municipality acquires for open space and natural areas and clarifies that it extends to all such acquired land whether or not it is open or closed to the public.

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 31-25-201, amend

• Page 2, Line 3(1) introductory portion as follows:

• Page 2, Line 431-25-201.  Cities may establish parks - recreational facilities

• Page 2, Line 5- conservation easements - definition. (1)  Any city has authority, in the

• Page 2, Line 6manner provided in this part 2, to establish, maintain, and acquire by gift,

• Page 2, Line 7devise, purchase, or right of eminent domain such lands or interest in

• Page 2, Line 8land, within or without the municipal limits of such city, as in the

• Page 2, Line 9judgment of the governing body of such city may be necessary, suitable,

• Page 2, Line 10or proper for boulevards, parkways, avenues, driveways, and roadways

• Page 2, Line 11or for park or recreational purposes for the preservation or conservation

• Page 2, Line 12of sites, scenes, open space and natural areas, and vistas of scientific,

• Page 2, Line 13historic, aesthetic, or other public interest. The power of eminent domain

• Page 2, Line 14granted by this section, with respect to the acquisition of lands for parks

• Page 2, Line 15or recreational purposes for the preservation or conservation of sites,

• Page 2, Line 16scenes, open space and natural areas, and vistas of scientific, historic,

• Page 2, Line 17aesthetic, or other public interest may not be used by any city or city and

• Page 2, Line 18county to condemn property lying five miles or further from its corporate

• Page 2, Line 19limits, unless:

• Page 2, Line 20SECTION 2.  In Colorado Revised Statutes, 31-25-216, amend

• Page 2, Line 21(1) as follows:

• Page 2, Line 2231-25-216.  Cities control park grounds outside limits. (1)  In

• Page 2, Line 23all cases where in which any city, or including any city or city and

• Page 2, Line 24county organized under a special charter or created under the state

• Page 2, Line 25constitution, has acquired lands outside its municipal limits for parks,

• Page 3, Line 1open space and natural areas, parkways, boulevards, or roads, said

• Page 3, Line 2the city or city and county has full police power and jurisdiction and full

• Page 3, Line 3municipal control and full power and authority in the management,

• Page 3, Line 4control, improvement, and maintenance of and over any such lands so

• Page 3, Line 5acquired It whether or not the lands are open or closed to the

• Page 3, Line 6public. Such a city or city and county has power and authority to

• Page 3, Line 7provide by ordinance for the regulation and control of its lands so

• Page 3, Line 8acquired, to prevent the commission of any acts which are or may be

• Page 3, Line 9declared unlawful pursuant to the provisions of this part 2, and to

• Page 3, Line 10prosecute and punish the violation of any ordinances in its municipal

• Page 3, Line 11courts. Such city or city and county also has like power and

• Page 3, Line 12jurisdiction to prevent pollution of the water in all reservoirs, streams, and

• Page 3, Line 13pipes which may be included within any such parks, parkways,

• Page 3, Line 14boulevards, or roads and over the stream or source from which such water

• Page 3, Line 15is taken as far as ten miles above the point from which it is diverted. Such

• Page 3, Line 16a city or city and county has like power and jurisdiction to regulate and

• Page 3, Line 17prevent the erection, construction, and maintenance, within three hundred

• Page 3, Line 18feet of any such park, open space or natural area, parkway,

• Page 3, Line 19boulevard, or road outside its municipal limits, of any advertisement or

• Page 3, Line 20of any billboard or other structure for advertisements. Such a city or city

• Page 3, Line 21and county also has like power and jurisdiction over the use of any public

• Page 3, Line 22roads, boulevards, or parkways within such parks or open space and

• Page 3, Line 23natural areas and running over or through or between such lands and

• Page 3, Line 24any public roads, boulevards, or parkways between any such park, open

• Page 3, Line 25space and natural areas, or pleasure ground and its municipal

• Page 3, Line 26boundaries and not included within the municipal limits of any

• Page 3, Line 27incorporated city or town.

• Page 4, Line 2SECTION 3. Safety clause. The general assembly finds,

• Page 4, Line 3determines, and declares that this act is necessary for the immediate

• Page 4, Line 4preservation of the public peace, health, or safety or for appropriations for

• Page 4, Line 5the support and maintenance of the departments of the state and state

• Page 4, Line 6institutions.