§ 33-11-104 — Acquisition

Colorado § 33-11-104

• Jurisdiction: Colorado
• Title 33: Parks and
• Art.: Recreational Trails

Text

(1) In order to provide recreational trails in a
statewide system of positive recreational value, the division may acquire
reasonable trail rights-of-way or easements. In selecting the rights-of-way, full
consideration shall be given to minimizing the adverse effects upon the adjacent
landowner or user and his operation. Development and management of each
segment of the trails system shall be designed to harmonize with and complement
any established multiple-use plans for that specific area in order to ensure
continued maximum benefits from the land. Acquisition shall be, whenever possible,
through donations, purchased with donated funds, or through easements and
exchanges. When such methods fail, the division may authorize expenditure of
state appropriations for acquisition in fee. Agreements for less than fee shall be for
terms of not less than twenty-five years whenever possible.

(2) The division may abandon all or any portion of a trail or easement
acquired for trail purposes which is no longer necessary for such purposes, or it
may transfer any trail or easement acquired for trail purposes to a local
government having jurisdiction over the area in which the trail or easement is
located if such local government agrees to maintain and operate the trail.

(3) The division shall notify the owner of land through which any trail or
easement acquired for trail purposes passes prior to entering into an operating
agreement for that trail with any local government, and it shall secure the consent
of the landowner prior to the transfer of any trail or easement acquired for trail
purposes to a local government.

(4) Nothing in this article shall permit the acquisition of recreational trails by
proceedings in eminent domain by any state agency or any unit of local government
or any agency thereof; except that, when a recreational trail is included within a
highway right-of-way, the department of transportation may acquire such
contiguous land as a part of the right-of-way as is necessary to permit the
uninterrupted continuation of the recreational trail.

(5) Nothing in this section modifies, impairs, or supersedes the authority of
the commission or the ability of the division to acquire any interest in water or water
rights pursuant to section 33-10-107 (1)(a).

(6) Trails acquired pursuant to this article shall not be used for purposes of
annexation or access to private lands. Access to private property may be allowed
upon consent of the landowner. Nothing in this subsection (6) shall preclude the
annexation of private lands with the consent of the landowner.

Legislative History

Source: L. 84: Entire article added, p. 889, � 2, effective January 1, 1985. L. 90: (4) amended and (5) and (6) added, p. 1533, � 2, effective May 29. L. 91: (4) amended, p. 1071, � 48, effective July 1. L. 2012: (5) amended, (HB 12-1317), ch. 248, p. 1220, � 41, effective June 4.