§ 24-56-108 — Authority of the department of local affairs

Colorado § 24-56-108

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Relocation Assistance and Land Acquisition Policies

Text

(1) The department
of local affairs shall administer and implement the uniform policy for all relocation
assistance for all nonhighway federally assisted programs and projects.

(2) (a) Notwithstanding any provision of this article to the contrary, the
department of transportation has the primary authority to administer acquisition
and relocation assistance for all highway and highway-related programs or projects
on the state highway system. The department of transportation also has authority
to coordinate and administer acquisition and relocation assistance for all highway
and highway-related programs or projects which are not on the state highway
system to the extent provided in paragraph (b) of this subsection (2).

(b) Each state agency has the primary authority to perform acquisition and
relocation assistance within its jurisdiction for federally assisted highway and
highway-related programs and projects for streets and roads which are not on the
state highway system. In the event that the department of transportation, as the
state agency responsible for monitoring and administering the use of federal
highway funds, determines that such performance by another state agency will
jeopardize distribution of federal highway assistance funds to the state or that such
action is necessary to comply with federal highway administration policy or
procedures, then the department of transportation has the authority to perform the
acquisition and relocation assistance for any federally assisted highway or
highway-related program or project for streets and roads which are not on the state
highway system or to require that the state agency with jurisdiction for that
highway program or project perform such acquisition and relocation assistance
under the supervision and direction of the department of transportation. Prior to
exercising the authority of this paragraph (b), the department of transportation will
comply with procedures previously agreed to with the affected state agency,
including, but not limited to, setting a contact person for the project, providing
written notice of the basis of such determination or action, and meeting with the
affected agency to discuss possible remedial measures.

(3) The executive director of the department of transportation shall adopt
such rules and regulations as may be necessary to assure:

(a) That the payments and assistance authorized by this article are
administered in a manner which is fair and reasonable and as uniform as
practicable;

(b) That a displaced person who makes proper application for a payment
authorized for such person by this article is paid promptly after a move or, in
hardship cases, paid in advance; and

(c) That any person aggrieved by a determination as to eligibility for a
payment authorized by this article or the amount of a payment may have his
application reviewed by the head of the acquiring agency.

(4) The department of transportation may use the provisions of this article
for programs or projects on the state highway system funded from the state
highway fund.

Legislative History

Source: L. 71: p. 676, � 1. C.R.S. 1963: � 69-10-8. L. 89: Entire section R&RE, p. 1082, � 10, effective March 31. L. 91: (2)(a), (2)(b), IP(3), and (4) amended, p. 1065, � 31, effective July 1.