Colorado § 33-11-104 - Acquisition.

§ 33-11-104. Acquisition.

(1) In order to provide recreational trails in a statewide system of positive recreational value, the division may acquire reasonable trail rights-of-way or easements. In selecting the rights-of-way, full consideration shall be given to minimizing the adverse effects upon the adjacent landowner or user and his operation. Development and management of each segment of the trails system shall be designed to harmonize with and complement any established multiple-use plans for that specific area in order to ensure continued maximum benefits from the land. Acquisition shall be, whenever possible, through donations, purchased with donated funds, or through easements and exchanges. When such methods fail, the division may authorize expenditure of state appropriations for acquisition in fee. Agreements for less than fee shall be for terms of not less than twenty-five years whenever possible.

(2) The division may abandon all or any portion of a trail or easement acquired for trail purposes which is no longer necessary for such purposes, or it may transfer any trail or easement acquired for trail purposes to a local government having jurisdiction over the area in which the trail or easement is located if such local government agrees to maintain and operate the trail.

(3) The division shall notify the owner of land through which any trail or easement acquired for trail purposes passes prior to entering into an operating agreement for that trail with any local government, and it shall secure the consent of the landowner prior to the transfer of any trail or easement acquired for trail purposes to a local government.

(4) Nothing in this article shall permit the acquisition of recreational trails by proceedings in eminent domain by any state agency or any unit of local government or any agency thereof; except that, when a recreational trail is included within a highway right-of-way, the department of transportation may acquire such contiguous land as a part of the right-of-way as is necessary to permit the uninterrupted continuation of the recreational trail.

(5) Nothing in this section modifies, impairs, or supersedes the authority of the commission or the ability of the division to acquire any interest in water or water rights pursuant to section 33-10-107 (1)(a).

(6) Trails acquired pursuant to this article shall not be used for purposes of annexation or access to private lands. Access to private property may be allowed upon consent of the landowner. Nothing in this subsection (6) shall preclude the annexation of private lands with the consent of the landowner.

Source: L. 84: Entire article added, p. 889, § 2, effective January 1, 1985. L. 90: (4) amended and (5) and (6) added, p. 1533, § 2, effective May 29. L. 91: (4) amended, p. 1071, § 48, effective July 1. L. 2012: (5) amended, (HB 12-1317), ch. 248, p. 1220, § 41, effective June 4.

Editor's note: This section is similar to former § 33-42-104 as it existed prior to 1984.

ANNOTATION

Subsection (4) does not establish a general limitation on a municipality's eminent domain rights. It merely clarifies that this article itself does not grant any eminent domain authority. It does not affect a municipality's right to seek condemnation if it has authorization independent of this article. Town of Parker v. Norton, 939 P.2d 535 (Colo. App. 1997).