Colorado § 43-1-217 - Inclusion of streets in highways.

§ 43-1-217. Inclusion of streets in highways.

(1) For all of the purposes of this part 2 and, with respect to state highways, for all the purposes of part 1 of article 3 of this title, state highways or county highways may be designated, established, and constructed in, into, or through cities and counties, cities, or towns when such highways form necessary or convenient connecting links for carrying state highways or county highways into or through such cities and counties, cities, or towns, and for such purposes the department of transportation and the boards of county commissioners of the several counties may condemn or otherwise acquire rights-of-way and access rights.

(2) Each county highway in a city or town shall be maintained by such city or town. Each state highway in a city and county, city, or town shall be maintained by the department of transportation. By agreement between any such city and county, city, or town, and the chief engineer with respect to a state highway or the board of county commissioners with respect to a county highway, the department of transportation or the board of county commissioners, as the case may be, may agree to perform or pay for all or a part of the maintenance of such state or county highway in such city and county, city, or town.

Source: L. 21: p. 373, § 23. C.L. § 1407. CSA: C. 143, § 114. L. 45, 1st Ex. Sess. p. 41, § 2. L. 47: p. 764, § 1. CRS 53: § 120-3-17. C.R.S. 1963: § 120-3-17. L. 67: p. 85, § 1. L. 91: Entire section amended, p. 1094, § 112, effective July 1.

Cross references: For provisions similar to those in subsection (2) of this section, see §§ 43-2-103 and 43-2-104.

ANNOTATION

I. General Consideration.

II. Condemnation.

III. Maintenance.

I. GENERAL CONSIDERATION.

Law reviews. For article, "One Year Review of Real Property", see 36 Dicta 57 (1959).

Section is constitutional. This section does not offend against § 25 of art. V, § 7 of art. X, Colo. Const., or the due process clause thereof, or the due process clause of the constitution of the United States. Town of Greenwood Vill. v. District Court, 138 Colo. 283, 332 P.2d 210 (1958).

Since section is statewide and general in scope, and not specifically designed or intended for local application, it does not offend against § 25 of art. V, Colo. Const., prohibiting local or special laws. Town of Greenwood Vill. v. District Court, 138 Colo. 283, 332 P.2d 210 (1958).

Section cannot be said to be a special law within the coverage of § 7 of art. X, Colo. Const. Town of Greenwood Vill. v. District Court, 138 Colo. 283, 332 P.2d 210 (1958).

II. CONDEMNATION.

State department of highways may lawfully condemn within municipality. This section and § 43-1-208 are valid statutory authority under which the state department of highways may lawfully condemn public or private property within a municipality for the purpose of continuing state highways into or through such city or town. Town of Greenwood Vill. v. District Court, 138 Colo. 283, 332 P.2d 210 (1958).

Without consent of municipality. The state and county, or either of them, can take and condemn private and public properties, located within a municipality, for highway purposes without the consent or agreement of the municipality wherein such properties are located. Town of Greenwood Vill. v. District Court, 138 Colo. 283, 332 P.2d 210 (1958).

In the absence of a showing of bad faith on the part of the agency acquiring property for highway purposes, the determination of the administrative body as to the necessity for the particular acquisition will not be disturbed by the courts. Welch v. City & County of Denver, 141 Colo. 587, 349 P.2d 352 (1960).

III. MAINTENANCE.

There is no longer any duty upon a town to maintain a state highway within the municipality. Town of Greenwood Vill. v. District Court, 138 Colo. 283, 332 P.2d 210 (1958).

Section 43-2-103 supersedes this section. That portion of this section which reads, each state and county highway in a city and county, city, or town shall be maintained by such city and county, city, or town, has been superseded by the subsequently enacted provision contained in § 43-2-103, which reads in part that in all cases where any part of the state highway system extends into or through a city or incorporated town, the construction and maintenance of such systems shall remain the obligation of the department of highways. Town of Greenwood Vill. v. District Court, 138 Colo. 283, 332 P.2d 210 (1958).

Imposing maintenance standards not laying a tax. Where the general assembly defines certain duties and obligations to be performed by counties, cities, and towns, it cannot be said that a statute, enacted by the assembly prescribing minimum standards and imposing the responsibility of maintaining such standards on local communities, constitutes the laying of a tax. Town of Greenwood Vill. v. District Court, 138 Colo. 283, 332 P.2d 210 (1958).