Lexl~rvtXl5t 1NA) ~,v raKe t u! ~
<br />marking, and ehatuteHzation are considered traffic control devices.
<br />(j) Rights-of-way for such street shall be acquired by either the city, city and county, or incorporated
<br />town or by the state as is mutually agreed upon. Costs ofacquiring such rights-of--way maybe at the sole
<br />cxpcnse of the state or the city, city and county, or incorporated town, or both, as may be mutually
<br />agreed. Title to all rights-of--way so acquired shall vest in the city, city and county, or incorporated town,
<br />of the state, according to the agreement under which said rights-of--way were secured.
<br />(k) The department of traaspottation is authorized to acquire rights-0f--way by purchase, gift, or
<br />condemnation for any such streets, highways, and bridges,.any such condemnation proceeding shad be
<br />exercised in the manner provided by law for condemnation proceedings to acquire lands required for
<br />state highways. Nothing in this section shall ba construed as abrogating the rights of home rule cities to
<br />acquire lauds for state purposes in the manner set forth in the charter of said cities.
<br />H15tOI'Y
<br />Source: L. S3: p. 526, § 35. CR5 53: § 120-13-35. C.IL5.1963: § 120-13-35. L. 71: p. 202, § 10. L.
<br />74: (1)(i) amended, p. 358, § 1, effective July 1. L. 79: (1)(g) amended, p. 1598, § 2, effective May 18.
<br />L. 80: (i)(a) amended, p. 798, § 66, effective June 5. L. 41: (i)(b), (1)(f) to (1)(i), and (1) (k) amended,
<br />p. 1105, § 147, effecttve July 1. L. 2001: (1)(i) amended, p. 273, § 27, effective November 15.
<br />_ .. .
<br />Anuotattons -
<br />ANNOTAITON
<br />Annotations
<br />- ,Municipal regnlations relating to traffic and paridng on.highway-streets snbject to approval by
<br />.highway deppartment. 'i'bis section declares-that cities; cities and counties; and incorporated towns shall
<br />regulate and enforce traffic sad patiring restrictions oa ati highway-streets within the tnutticipal
<br />botmdaries, but provides that all regulations shall be subject to approve( of the department of highways
<br />before becoming effective- This section also purports to diivide authority over streets which are part of
<br />the state highway system. It defines in detail the obligations of cities,.cities attd counties, and
<br />incorporated towns with respect to sti'eeta which ate a part of the state highway system. City & County
<br />of Aenver v. Pike, 140 Colo. 17, 342 P.2d 688(1959).
<br />Where state has recognfzed right to regulate, no prior approval required. where the tight of a city
<br />to regulate speed on a freeway bisecting a city has been recognized by the state, allowing the city to post
<br />the highway and enforce its ordinances, it is not necessary for the city to obtain prior approval of its
<br />regulations before they could become effective. City & County of Denver v. Pike, 140 Colo. 17, 342
<br />P.2d 688 (1959).
<br />This section authorizes resort to agreement concerning the acquisition of property; however, it is
<br />only an optional method and is permissible as a substitute for proceedings in eandemnation. Town of
<br />Greenwood Village v. Aistrict Court, 138 Colo. 283, 332 P.2d 210 (1958).
<br />Considering paragraphs (j) and (k) of snbsection (1) of this section together, paragraph (j) is
<br />permissive only and does not make consent of a town a prerequisite to condemnation ofprivate
<br />property within its corporate limits, or to condemnation of public property already in use for street
<br />980-d 80/£0'd lBB-1 812019!£OE+ Blt0'!9!'£OE ~IddVal 100~-WOad 8£~£I 50-1Z-10
<br />
|