First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0106.01 Jason Gelender x4330
HOUSE BILL 25-1029
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING THE SCOPE OF MUNI CIPAL AUTHORITY OVER LAND THAT101
A MUNICIPALITY ACQUIRES THAT IS OUTSIDE ITS MUNICIPAL102
LIMITS.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Current law grants a municipality full police power and control
(authority) over land that it acquires outside its municipal limits for use
as parks, parkways, boulevards, or roads. The bill extends this authority
to land that a municipality acquires for open space and natural areas and
clarifies that it extends to all such acquired land whether or not it is open
HOUSE SPONSORSHIP
Boesenecker, Zokaie
SENATE SPONSORSHIP
Kipp,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. or closed to the public.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 31-25-201, amend2
(1) introductory portion as follows:3
31-25-201. Cities may establish parks - recreational facilities4
- conservation easements - definition. (1) Any city has authority, in the5
manner provided in this part 2, to establish, maintain, and acquire by gift,6
devise, purchase, or right of eminent domain such lands or interest in7
land, within or without the municipal limits of such city, as in the8
judgment of the governing body of such city may be necessary, suitable,9
or proper for boulevards, parkways, avenues, driveways, and roadways10
or for park or recreational purposes for the preservation or conservation11
of sites, scenes, open space
AND NATURAL AREAS, and vistas of scientific,12
historic, aesthetic, or other public interest. The power of eminent domain13
granted by this section, with respect to the acquisition of lands for parks14
or recreational purposes for the preservation or conservation of sites,15
scenes, open space
AND NATURAL AREAS, and vistas of scientific, historic,16
aesthetic, or other public interest may not be used by any city or city and17
county to condemn property lying five miles or further from its corporate18
limits, unless:19
SECTION 2. In Colorado Revised Statutes, amend 31-25-216 as20
follows:21
31-25-216. Cities control park grounds outside limits. (1) In22
all cases where
IN WHICH any city, or INCLUDING any city or city and23
county organized under a special charter or created under the state24
constitution, has acquired lands outside its municipal limits for parks,25
HB25-1029-2- OPEN SPACE AND NATURAL AREAS , parkways, boulevards, or roads, said1
THE city or city and county has full police power and jurisdiction and full2
municipal control and full power and authority in the management,3
control, improvement, and maintenance of and over any such lands so4
acquired It WHETHER OR NOT THE LANDS ARE OPEN OR CLOSED TO THE5
PUBLIC. SUCH A CITY OR CITY AND COUNTY has power and authority to6
provide by ordinance for the regulation and control of its lands so7
acquired, to prevent the commission of any acts which are or may be8
declared unlawful pursuant to the provisions of this part 2, and to9
prosecute and punish the violation of any ordinances in its municipal10
courts. Such
A city or city and county also has like power and jurisdiction11
to prevent pollution of the water in all reservoirs, streams, and pipes12
which
THAT may be included within any such parks, OPEN SPACE AND13
NATURAL AREAS, parkways, boulevards, or roads and over the stream or14
source from which such water is taken as far as ten miles above the point15
from which it is diverted. Such
A city or city and county has like power16
and jurisdiction to regulate and prevent the erection, construction, and17
maintenance, within three hundred feet of any such park,
OPEN SPACE OR18
NATURAL AREA, parkway, boulevard, or road outside its municipal limits,19
of any advertisement or of any billboard or other structure for20
advertisements. Such
A city or city and county also has like power and21
jurisdiction over the use of any public roads, boulevards, or parkways22
within such parks
OR OPEN SPACE AND NATURAL AREAS and running over23
or through or between such lands and any public roads, boulevards, or24
parkways between any such park,
OPEN SPACE AND NATURAL AREAS , or25
pleasure ground and its municipal boundaries and not included within the26
municipal limits of any incorporated city or town.27
HB25-1029
-3- (2) In all cases where IN WHICH the right to take private property1
for public use without the owner's consent or to acquire lands for parks,2
OPEN SPACE AND NATURAL AREAS, parkways, boulevards, or roads outside3
the municipal limits of any such city or city and county is conferred by4
general laws or by the charter of any such city or city and county, it is5
lawful for any such city or city and county, or the department or branch6
thereof having authority in the premises, to take, by right of eminent7
domain, the property so sought to be taken and appropriated, such8
condemnation proceedings to be in accordance with the general laws of9
the state, insofar as the same are applicable, relating to any such city or10
city and county. The power and authority to so acquire lands for such11
purposes outside the municipal limits of any such city or city and county12
by gift, devise, purchase, or right of eminent domain is granted by this13
section, subject to the limitation imposed by section 31-25-201 (1).14
SECTION 3. Safety clause. The general assembly finds,15
determines, and declares that this act is necessary for the immediate16
preservation of the public peace, health, or safety or for appropriations for17
the support and maintenance of the departments of the state and state18
institutions.19
HB25-1029
-4-