§ 31-25-216 — Cities control park grounds outside limits

(1) In all cases in
which any city, including any city or city and county organized under a special
charter or created under the state constitution, has acquired lands outside its
municipal limits for parks, open space and natural areas, parkways, boulevards, or
roads, unless such acquired land is within the exterior boundaries of an Indian
reservation, the city or city and county has full police power and jurisdiction and full
municipal control and full power and authority in the management, control,
improvement, and maintenance of and over any such lands so acquired whether or
not the lands are open or closed to the public. Such a city or city and county has
power and authority to provide by ordinance for the regulation and control of its
lands so acquired, to prevent the commission of any acts which are or may be
declared unlawful pursuant to the provisions of this part 2, and to prosecute and
punish the violation of any ordinances in its municipal courts. Such city or city and
county also has like power and jurisdiction to prevent pollution of the water in all
reservoirs, streams, and pipes which may be included within any such parks,
parkways, boulevards, or roads and over the stream or source from which such
water is taken as far as ten miles above the point from which it is diverted. Such a
city or city and county has like power and jurisdiction to regulate and prevent the
erection, construction, and maintenance, within three hundred feet of any such
park, open space or natural area, parkway, boulevard, or road outside its municipal
limits, of any advertisement or of any billboard or other structure for
advertisements. Such a city or city and county also has like power and jurisdiction
over the use of any public roads, boulevards, or parkways within such parks or open
space and natural areas and running over or through or between such lands and any
public roads, boulevards, or parkways between any such park, open space and
natural areas, or pleasure ground and its municipal boundaries and not included
within the municipal limits of any incorporated city or town.

(2) In all cases where the right to take private property for public use without
the owner's consent or to acquire lands for parks, parkways, boulevards, or roads
outside the municipal limits of any such city or city and county is conferred by
general laws or by the charter of any such city or city and county, it is lawful for any
such city or city and county, or the department or branch thereof having authority in
the premises, to take, by right of eminent domain, the property so sought to be
taken and appropriated, such condemnation proceedings to be in accordance with
the general laws of the state, insofar as the same are applicable, relating to any
such city or city and county. The power and authority to so acquire lands for such
purposes outside the municipal limits of any such city or city and county by gift,
devise, purchase, or right of eminent domain is granted by this section, subject to
the limitation imposed by section 31-25-201 (1).

Legislative History

Source: L. 75: Entire title R&RE, p. 1178, � 1, effective July 1. L. 83: (2) amended, p. 1265, � 3, effective July 1. L. 2025: (1) amended, (HB 25-1029), ch. 31, p. 167, � 1, effective March 26.