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<br />marking, and ehannelization aze 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 of acquiring such rights-of--way may be at the sole
<br />expense of the state or the city, city and wunty, or incorporated town, or both, as may be mutually
<br />agreed. Title to all tights-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 transportation is authorized to acquire tights-0f--way by purchase, gift, of
<br />condemnation for any such streets, highways, and bridges. Any such condemnation proceeding shall 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 be construed as abrogating the rights of home rule cities to
<br />acquire lands for state purposes is the manner set forth in the charter of said cities.
<br />H15tOI'f'
<br />Source: L. 53: p. 526, § 35. CRS 53: § 120-13-35. C.RS.1963: § 120-13-35. L. 71: p. 202, § l0. 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: (1)(a) amended, p. 798, § 66, effective June 5. L. 91: (i)(b), (1)(f) to (1)(i), and (1) (k) amended,
<br />p. 1105, § 147, effective July 1. L. 2001: (1)(i) amended, p. 273, § 27, effective November 15.
<br />Annotations _ _ _
<br />ANNOTATION
<br />Annotations
<br />-_-,Municipal regulations relating to traffic_and.parking on. highway-5tregts subject to approval.by . _ _
<br />highway department.'This section declares that cities; cities and coitaties; and incorporated towns shall-
<br />izgulate and enforce traffic and parktng restr'lctions on all highway-streets arithin the municipal
<br />boundaries, but provides that all regulations shall be subject to approval of the department of highways
<br />before becoming effective- This section also purports to diNide authority over streets which are part of
<br />the state highway system. It defines in detail the obligations of cities,.cities and counties, and
<br />incorporated towns with respect to streets which ate a part of the state highway system. City & County
<br />of Denver v. Pike, 140 Colo. 17, 342 P.2d 688(1959).
<br />'Where state has recognised right to regulate, no prior approval required. Where the right 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 $c 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 condemnation. Town of
<br />Greenwood Village v. District Court, 138 Colo. 283, 332)?.2d 210 (1958).
<br />Considering paragraphs (j) and (lr) of subsection (1) of this section together, paragraph (j) is
<br />permissive only and does not make consent of a town a prerequisite to condemnation of private
<br />property within its corporate limits, or to condemnation of public property already in use for street
<br />980-d 80/EO'd 188-1 B12819lEOE+ BldB'!8!'EOE ~Iddtl81 l00~-WOad BE~EI 80-12-10
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