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
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