§ 24-82-503 — Conveyance of state lands authorized - description

Colorado § 24-82-503

• Jurisdiction: Colorado
• Title 24: Government
• Art.: State Property

Text

(1) Any
other provision of law to the contrary notwithstanding, including, but not limited to,
section 28-3-106, C.R.S., the adjutant general and the governor, assisted by the
attorney general, may enter into an option agreement, exercisable by the federal
government at any time within a five-year period, to convey, and may convey within
such period, to the federal government, without compensation, approximately three
hundred acres of the real property interest of the state of Colorado in section
thirty-six, township three south, range seventy west of the sixth principal meridian,
located in Jefferson county, or so much thereof as the governor, in consultation with
the appropriate federal agency, deems necessary for purposes of a solar energy
research institute. The state's interest in this property shall not be conveyed in any
other manner or for any other purpose.

(2) (a) A conveyance made pursuant to subsection (1) of this section shall be
made only when the federal government is prepared to accept the conveyance
according to a schedule for site preparation and construction of the facility as it
deems appropriate. A conveyance made pursuant to subsection (1) of this section
may be made by dividing the three hundred acres to be conveyed into two parcels.
The first parcel, parcel A, may be of approximately one hundred forty-five acres, to
be used for the main test site and for utility improvements. The title to parcel A
shall revert to the state of Colorado after a period of five years from the date of the
deed unless within such period the federal government commences construction of
improvements to be made on parcel A, at which time the reversionary provision
shall become null and void. The second parcel, parcel B, may be of approximately
one hundred fifty-five acres, to be used for additional test sites and for office and
laboratory facilities. The title to parcel B shall revert to the state of Colorado after a
period of five years from the date of the deed unless within such period the federal
government causes the reversionary provision concerning parcel A to become null
and void.

(b) If the reversionary provision concerning parcel A becomes null and void,
parcel B shall revert to the state of Colorado twenty years from the date of the
deed unless either of the following occur, at which time the reversionary provision
shall become null and void:

(I) The federal government has indicated that it has approved programs and
appropriated funds and is prepared to commence construction of either an office
building or laboratory building on either parcel A or parcel B; or

(II) The federal government commences construction of permanent
improvements on said parcel B.

(3) The provisions of this section shall not apply to any interest in such
property retained as state school land indemnity interest, but the state board of
land commissioners, in a manner consistent with federal law and the constitution of
the state, may subordinate such interest to facilitate the conveyance to the federal
government pursuant to subsections (1) and (2) of this section. The procedural
requirements of article 1 of title 36, C.R.S., regarding leasing or sale of state lands
shall not apply to such subordination. Any subordination of the state school land
indemnity interest made pursuant to this subsection (3) may contain provisions for a
termination of the subordination under the same terms and conditions as reversion
of the land conveyed pursuant to subsections (1) and (2) of this section.

Legislative History

Source: L. 77: Entire part added, p. 1256, � 1, effective February 1. L. 81: (3) amended, p. 1249, � 1, effective March 17; entire section amended, p. 1246, � 1, effective June 12.