§ 29-7.5-104 — Use as park, trail, or open space

Colorado § 29-7.5-104

• Jurisdiction: Colorado
• Title 29: Government
• Art.: Park and Open Space Act

Text

In any urban area, the owners
of any transmission right-of-way and the fee owner of any land subject to any
transmission right-of-way may offer to dedicate or grant use of the transmission
right-of-way to the park board for a public park, a public trail, or a public open
space. This article shall not apply to any dedication or grant of use of a transmission
right-of-way unless both the owner of the transmission right-of-way and the fee
owner of the land involved consent to the dedication or grant of use. The park board
may accept or reject this offered dedication or use of the transmission right-of-way
based on the reasonable needs of the public, applicable rules and regulations
governing the park board, and other criteria normally applied by the park board in
accepting or rejecting dedications of land. In accepting or rejecting such offer, the
park board shall consider, among other factors, methods for enhancing the safety
of the transmission right-of-way involved through design of the park, trail, or open
space improvements. The park board shall also consider and protect the interests
and property rights of adjacent landowners, particularly those adjacent to the
termination points of trails, who are not participating in the dedication or grant of
use of the transmission right-of-way. If needed, the park board shall provide an
access or egress from the point of termination to a public street or highway. For
purposes of this article, the right of eminent domain shall not be exercised to obtain
ingress or egress. Nothing in this article shall prevent negotiations for a dedication
or grant of use of a transmission right-of-way in incorporated areas from occurring
during the subdivision approval process; except that such dedication or grant of use
shall not be finalized until the final subdivision plat is approved.

Legislative History

Source: L. 84: Entire article added, p. 808, � 1, effective April 30.