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<br />marking, and ehannelizalion are considered traffic control devices.
<br />0) 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 bout, as may be mutually
<br />agreed. Titlc to all rights-of-way so acquired shall vest iu the city, city and 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 6&3-of-way by purchase, gift, of
<br />condemnation for any such streets, highways, and bridges. Any such condemnation proceeding shall be
<br />exercised iv the manner provided by law fot condemnation proccedinp to acquire lands required for
<br />state highways. Nothing in this section shall be construed as abrogating the tights of home rule cities to
<br />acquire lands for state purposes in the manner set forth in the charter of said cities.
<br />History
<br />Source: L. 53: p. 526, § 35. CRS 53: § 120-13-35. C.RS.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, (1)(a) amended, p. 798, § 66, effective June 5. L. 91: (1)(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 />ArTNOTATION
<br />Annotations
<br />Municipal-regulations-relating to traffic_and.parking on. highway-str"tssubject to approval by : - ..--
<br />'.bigbway department. This section detUres-that cities; cities and counties; and incorporated towns shall
<br />regulate and-enforce traffic and paddrtg restrictions on all highway-streets widdn-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 dijvide authority over sheets 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 stair highway system. City & County
<br />of Denver v. Pike, 140 Colo. 17, 342 P.2d 688 (1959).
<br />Where state has recognlzed 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 trot 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 />'I'bis 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 conde=ation. Town of
<br />Greenwood Village v. District Court, 138 Colo. 283,332 P.2d 210 (1958).
<br />Considering paragraphs (I) and (k) 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 condewtLation of pub
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