Colorado § 43-1-402 - Legislative declaration.

§ 43-1-402. Legislative declaration.

(1) (a) It is declared to be the purpose of the general assembly in the passage of this part 4 to control the existing and future use of advertising devices in areas adjacent to the state highway system in order to protect and promote the health, safety, and welfare of the traveling public and the people of Colorado and such purposes are declared to be of statewide concern. The general assembly finds and declares that the enactment of this part 4 is necessary to further the following substantial state interests:

(I) Protection of the public investment in the state highway system;

(II) Promotion of safety upon the state highway system;

(III) Promotion of the recreational value of public travel;

(IV) Promotion of public pride and spirit both on a statewide and local basis;

(V) Preservation and enhancement of the natural and scenic beauty of this state;

(VI) Broadening the economic well-being and general welfare by attracting to this state tourists and other travelers;

(VII) Providing the traveling public with information as to necessary goods and services in the immediate vicinity of the traveler;

(VIII) Protection and encouragement of local tourist-related businesses for the general economic well-being of this state;

(IX) Insuring that Colorado receives its full share of funds to be apportioned by the congress of the United States for expenditures on federal-aid highways.

(b) In furtherance of the substantial state interests stated in paragraph (a) of this subsection (1), it is the intent of the general assembly that Colorado comply with the federal "Highway Beautification Act of 1965" and rules and regulations adopted thereunder.

(2) The general assembly further finds and declares that this part 4, taken as a whole, represents a balancing of the above-stated substantial state interests.

Source: L. 81: Entire part R&RE, p. 2006, § 1, effective July 1.

Editor's note: This section is similar to former § 43-1-407 as it existed prior to 1981.

Cross references: For the "Highway Beautification Act of 1965", see Pub.L. 89-285, codified at 23 U.S.C. § 131 et seq.

ANNOTATION

Scope of act not limited to commercial advertising. Both legislative declaration and included definitions demonstrate that outdoor advertising act was intended to provide for the regulation of more than just commercial advertising. Pigg v. State Dept. of Highways, 746 P.2d 961 (Colo. 1987).

Advertising restriction not admissible in condemnation proceeding relative to value of remaining property. Evidence regarding advertising restriction by zoning ordinance is not admissible as one factor establishing the diminished market value of a landowner's remaining property in a condemnation proceeding. State Dept. of Hwys. v. Davis, 626 P.2d 661 (Colo. 1981) (decided under prior law).