House Bill 25-1029 Introduced

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.

• 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, amend 31-25-216 as

• Page 2, Line 21follows:

• 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 a city or city and county also has like power and jurisdiction

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

• Page 3, Line 13which that may be included within any such parks, open space and

• Page 3, Line 14natural areas, parkways, boulevards, or roads and over the stream or

• Page 3, Line 15source from which such water is taken as far as ten miles above the point

• Page 3, Line 16from which it is diverted. Such a city or city and county has like power

• Page 3, Line 17and jurisdiction to regulate and prevent the erection, construction, and

• Page 3, Line 18maintenance, within three hundred feet of any such park, open space or

• Page 3, Line 19natural area, parkway, boulevard, or road outside its municipal limits,

• Page 3, Line 20of any advertisement or of any billboard or other structure for

• Page 3, Line 21advertisements. Such a city or city and county also has like power and

• Page 3, Line 22jurisdiction over the use of any public roads, boulevards, or parkways

• Page 3, Line 23within such parks or open space and natural areas and running over

• Page 3, Line 24or through or between such lands and any public roads, boulevards, or

• Page 3, Line 25parkways between any such park, open space and natural areas, or

• Page 3, Line 26pleasure ground and its municipal boundaries and not included within the

• Page 3, Line 27municipal limits of any incorporated city or town.

• Page 4, Line 1(2)  In all cases where in which the right to take private property

• Page 4, Line 2for public use without the owner's consent or to acquire lands for parks,

• Page 4, Line 3open space and natural areas, parkways, boulevards, or roads outside

• Page 4, Line 4the municipal limits of any such city or city and county is conferred by

• Page 4, Line 5general laws or by the charter of any such city or city and county, it is

• Page 4, Line 6lawful for any such city or city and county, or the department or branch

• Page 4, Line 7thereof having authority in the premises, to take, by right of eminent

• Page 4, Line 8domain, the property so sought to be taken and appropriated, such

• Page 4, Line 9condemnation proceedings to be in accordance with the general laws of

• Page 4, Line 10the state, insofar as the same are applicable, relating to any such city or

• Page 4, Line 11city and county. The power and authority to so acquire lands for such

• Page 4, Line 12purposes outside the municipal limits of any such city or city and county

• Page 4, Line 13by gift, devise, purchase, or right of eminent domain is granted by this

• Page 4, Line 14section, subject to the limitation imposed by section 31-25-201 (1).

• Page 4, Line 15SECTION 3.  Safety clause. The general assembly finds,

• Page 4, Line 16determines, and declares that this act is necessary for the immediate

• Page 4, Line 17preservation of the public peace, health, or safety or for appropriations for

• Page 4, Line 18the support and maintenance of the departments of the state and state

• Page 4, Line 19institutions.