(1)Certain state lands under control and supervision of the state board of land
commissioners have unique economic or environmental value for the public, but
they are legally subject to being sold into private ownership. It is the purpose of this
section to authorize interests in such lands other than agricultural or grazing rights
therein to be transferred to and held by the department of natural resources in
exchange for fair and adequate consideration being transferred to the appropriate
trust fund.
(2)(a) Whenever the executive director of the department of natural
resources is informed that a specific piece of land held by the state board of land
commissioners has a characteristic that is alleged to have a unique economic or
environmental value for the public, including
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(1)
Certain state lands under control and supervision of the state board of land
commissioners have unique economic or environmental value for the public, but
they are legally subject to being sold into private ownership. It is the purpose of this
section to authorize interests in such lands other than agricultural or grazing rights
therein to be transferred to and held by the department of natural resources in
exchange for fair and adequate consideration being transferred to the appropriate
trust fund.
(2) (a) Whenever the executive director of the department of natural
resources is informed that a specific piece of land held by the state board of land
commissioners has a characteristic that is alleged to have a unique economic or
environmental value for the public, including land under the control of the division
of parks and wildlife that has the potential to support renewable energy generation
development as contemplated in section 24-33-114, as that section existed prior to
its repeal in 2011, and that such characteristic allegedly would be damaged or
destroyed if the land passed to private ownership, the executive director may, with
the written consent of either the president of the state board of land commissioners
or the commissioner of agriculture, give written notification to the board that said
land, other than agricultural or grazing rights, is subject to acquisition by the
department of natural resources. The notification by the executive director must
identify the lands by their appropriate legal description and specify the
characteristic of the land that is alleged to have unique economic or environmental
value for the public. Not later than during the next regular session of the general
assembly, the executive director shall request the necessary authorization and
appropriation to enable the department to acquire said land or an interest therein in
accordance with this section.
(b) Within sixty days after receipt of such notification, the state board of land
commissioners shall meet in public session after fifteen days' public notice and
hear and receive testimony and evidence concerning the proposed acquisition.
Within thirty days after the completion of the hearing, said board shall submit its
written findings and recommendations concerning such acquisition to the joint
budget committee and to the executive directors of the departments of agriculture
and natural resources. Such recommendations may include recommendations for
compensation to ensure the continued use of grazing and agricultural rights as they
existed at the time of the acquisition.
(c) Within thirty days following completion of such written findings and
recommendations, the president of the state board of land commissioners, the
executive director of the department of natural resources, and the commissioner of
agriculture shall meet and review said findings and recommendations and may then
modify or withdraw the notification given to said board of land commissioners
pursuant to paragraph (a) of this subsection (2). To the extent of such withdrawal,
all procedures initiated by such notification shall be deemed terminated.
(3) All acquisitions from the state board of land commissioners pursuant to
this section shall be:
(a) By the exercise of eminent domain in the name of the state of Colorado
through condemnation proceedings pursuant to article 1 of title 38, C.R.S.; or
(b) At any public sale.
(4) (a) In acquisitions under this section the department may not acquire any
agricultural or grazing rights but otherwise may acquire the full fee interest or any
and all rights and interests in land less than the full fee interest, including but not
limited to future interests, easements, covenants, and contractual rights. Every
such interest in land held by the department when properly recorded shall be
deemed to run with the land to which it pertains for the benefit of the citizens of
this state and may be protected and enforced by the department in the district
court of the county in which the land, or any portion thereof, is located.
(b) No acquisition of any interest in any tract of land, as authorized by this
section, shall preclude the state board of land commissioners from leasing said
tract of any portion thereof for grazing or agricultural purposes.