Colorado § 31-25-301 - Town may establish parks - recreation facilities - conservation easements.

§ 31-25-301. Town may establish parks - recreation facilities - conservation easements.

(1) Each town shall have authority to acquire, establish, and maintain, in the manner provided in section 31-25-302, public parks, pleasure grounds, boulevards, parkways, avenues, roads, and land or interests in land which may be necessary, suitable, or proper for the preservation or conservation of sites, scenes, open space, and vistas of recreational, scientific, historic, aesthetic, or other public interest.

(2) Every such interest in land held pursuant to subsection (1) of this section, when recorded, shall run with the land to which it pertains for the benefit of the town holding such interest and may be protected and enforced by such town in any court of general jurisdiction by any proceeding at law or in equity.

(3) Any town may unite with any other similarly authorized political subdivision of this state in acquiring, establishing, and maintaining any property which a town is authorized to acquire, establish, or maintain pursuant to this section.

Source: L. 75: Entire title R&RE, p. 1179, § 1, effective July 1. L. 2025: (2) amended, (SB 25-275), ch. 377, p. 2090, § 266, effective August 6.

Editor's note: This section is similar to former §§ 31-25-301 and 31-25-304 as they existed prior to 1975.

ANNOTATION

There are two separate and distinct procedures by which acquisition of land may be initiated: (1) Land may be acquired if the trustees on their own adopt an ordinance to authorize the acquisition; or (2) if a proposal to acquire such lands is submitted upon petition and approved by the registered electors of such town, then the trustees must draft an ordinance, and submit the matter to the electors. Bristow v. Town of Castle Rock, 44 Colo. App. 82, 612 P.2d 1144 (1980).