Colorado § 32-1-307 - Park and recreation districts - metropolitan districts providing parks and recreational facilities or programs - exclusion proviso.

§ 32-1-307. Park and recreation districts - metropolitan districts providing parks and recreational facilities or programs - exclusion proviso.

(1) Any provision of this part 3 to the contrary notwithstanding, no tract of land of forty acres or more used primarily and zoned for agricultural uses shall be included in any park and recreation district or in any metropolitan district providing parks or recreational facilities and programs organized under this part 3 without the written consent of the owners thereof. No personal property which is situated upon real estate not included in such district shall be included within any park and recreation or metropolitan district. If, contrary to the provisions of this section, any such tract, parcel, or personal property is included in any park and recreation or metropolitan district, the owners thereof, on petition to the court, shall be entitled to have such property excluded from such district free and clear of any contract, obligation, lien, or charge to which it may be liable as a part of such district.

(2) If the use or zoning of any tract of land of forty acres or more lying within the boundaries of any park and recreation district or any metropolitan district providing parks or recreational facilities and programs organized under the provisions of this part 3 has been or is changed from agricultural use or zoning to any other use or zoning designation, such lands and the personal property thereon shall no longer be excluded from said district and shall be subject to all obligations, liens, or charges of such district on and after January 1 of the year following such change in use or zoning.

(3) When there is a change of use or zoning to any other use or zoning designation and the assessor of the county in which such lands are located is notified of a change, he shall give notification of such change to the secretary of the district. The district shall mail a notice of such action to the owner of the property at the address shown for such owner in the records of the county assessor's office.

(4) The district shall petition the appropriate district court for an order including the subject lands within the district, and the court, upon examining the proof of change of such use or zoning and finding that it complies with this section, shall enter an order including said lands within the district. The district shall have a certified copy of said order recorded by the county clerk and recorder and shall file a copy with the county assessor.

Source: L. 81: Entire article R&RE, p. 1554, § 1, effective July 1. L. 2017: (1) and (2) amended, (HB 17-1065), ch. 73, p. 231, § 1, effective August 9.

Editor's note: This section is similar to former § 32-2-108 as it existed prior to 1981.

ANNOTATION

Mining or mineral uses are not included in exclusion for land zoned for agricultural uses for purposes of taxation. Fort Lupton Park & Recreation Dist. v. Amoco Prod. Co., 800 P.2d 1324 (Colo. App. 1990).

Subsection (2) applies to districts created before the adoption of the subsection. Jefferson Center Metro. Dist. No. 1 v. North Jeffco Metro. Recreation & Park Dist., 844 P.2d 1321 (Colo. App. 1992).

Subsection (2) does not apply only to lands already included within the district. It applies also to lands that were included within the original description but were later excluded from the district by court order. Jefferson Center Metro. Dist. No. 1 v. North Jeffco Metro. Recreation and Park Dist., 844 P.2d 1321 (Colo. App. 1992).

Subsection (2) does not restrict the authority of a district to seek inclusion of rezoned agricultural land. It does prohibit the creation of a new district within an overlapping geographical area that is served by an existing district rendering similar services. Jefferson Center Metro. Dist. No. 1 v. North Jeffco Metro. Recreation and Park Dist., 844 P.2d 1321 (Colo. App. 1992).