§ 28-7047 — Mountain preserve; limitation; definition

A. This state or a political subdivision of this state shall not construct, lay out, open or establish a street, road or highway through a designated mountain preserve unless the construction of the street, road or highway is approved by a majority of the electors of a charter city voting on the matter.

B. This section does not apply to a state route that is proposed to be constructed within a designated mountain preserve and that is in the state highway system on August 15, 1990.

C. For the purposes of this section, "designated mountain preserve" means individual parcels of real property that are within a charter city, that have been designated as a whole as a mountain preserve and that have been accumulated or designated through any of the following methods:

1. Real property that is owned by a charter city and that is located within a generally recognized mountain preserve area.

2. Real property purchased by a charter city in whole or in part for the purpose of including the real property within a mountain preserve with the proceeds of general obligation bonds issued by the charter city.

3. Real property designated by ordinance to be a part of a mountain preserve by the city council of a charter city.