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LCAISIVCCI~~ 11V1) l.L YagC G U1 J <br />marking, and channelization 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 of acquiring such rights-of--way may be at the sole <br />expense of the state or the city, city and county, or incorporated town, or both, as may be mutually <br />agreed. Title to allrights-of--way so acquired shall vest in the city, city aid county, or incorporated town, <br />or 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 />condemnationfor any such streets, highways, and bridges. Any such condemnation proceeding shall be <br />exercised in the manner provided by law fot 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 />acgttire lands for state purposes in the manner set forth in the charter of said cities. <br />history <br />Source: L. 53: p. 526, § 35. C1Z5 53: § I20-13-35. 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, § Z, effective May 18. <br />L. 80: (1)(a) amended, p. 798, § 66, effective June 5. L. 91: (1)(b), (1)(t) to (1)(i), and (I) (k) amended, <br />p. 1105, § .147, effective July 1. L. 2001: (1)(i) amended, p. 273, § 27, effective November 15. <br />Annotations <br />A1~ilsiOTATION <br />Annotations <br />_: , Mnnicipa4 regulattons relating to traffic and parking on. highway-streetr subject to approve( by <br />bigbway department. This section declares that titles, cities and counties; and incorporated towns shall <br />regulate and' enforce traffic and patking restrictions on all highway-stteets within 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 divide 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 are 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 recognlaed 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 reco~tized by the state, allo~*~ing 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 acgnisition 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 P.2d 210 (1958). <br />Considering paragraphs (j) and (k) of subsection (1) of this section together, paragragh fj) is <br />per~11S5ive Jaly .-2nd dOC;, Ct .rink= CQnS.":lt UI ;1 tGWn a j7reregUlSitC io ond~„lnatiou Gf prvate <br />property within its corporate limits, or to corde:nnaticn of public property already in use fot street <br />980-d 80/EO'd 188-1 BlZB151E0E+ BIZB'!51'EOE ~iaaval ioa~;road BEE! 50-t2-1~ <br />