(1) Any city has authority, in the manner provided in this part 2, to establish, maintain, and acquire by gift, devise, purchase, or right of eminent domain such lands or interest in land, within or without the municipal limits of such city, as in the judgment of the governing body of such city may be necessary, suitable, or proper for boulevards, parkways, avenues, driveways, and roadways or for park or recreational purposes for the preservation or conservation of sites, scenes, open space, and vistas of scientific, historic, aesthetic, or other public interest. The power of eminent domain granted by this section, with respect to the acquisition of lands for parks or recreational purposes for the preservation or conservation of sites, scenes, open space, and vistas of scientific, historic, aesthetic, or other public interest may not be used by any city or city and county to condemn property lying five miles or further from its corporate limits, unless:
The exercise of its power of eminent domain to condemn property outside its corporate limits is required as a condition of a state or federal permit for construction of a new public facility; or
The use of the power of eminent domain to condemn property is necessary for theacquisition of conservation sites on or contiguous to reservoir sites owned by any city or city and county; or
The use of the power of eminent domain to condemn property is predicated on theprior written approval of the board of county commissioners of the county or counties in which such property is located, in instances not covered by paragraph (a) or (b) of this subsection (1) when the city or city and county has notified such board or boards. The board has sixty days from such notification to deliver its approval or disapproval. If the board fails to take any action or fails to so notify the city or city and county, the city or city and county may proceed with the exercise of its power; or
The land to be condemned is subject to a single comprehensive plan which includesprovision of recreational facilities within the county and which has been adopted by both the county and the city seeking to condemn.
"Interests in land", as used in this part 2, means all rights and interests in land lessthan the full fee interest, including but not limited to future interests, easements, covenants, and contractual rights. Every such interest in land held pursuant to subsection (1) of this section, when recorded, shall run with the land to which it pertains for the benefit of the city holding such interest and may be protected and enforced by such city in any court of general jurisdiction by any proceeding at law or in equity.
Any city may unite with any other similarly authorized political subdivision of thisstate in acquiring, establishing, and maintaining any property which a city is authorized to acquire, establish, or maintain pursuant to subsection (1) of this section.
Source: L. 75: Entire title R&RE, p. 1174, § 1, effective July 1. L. 83: (1) amended, p. 1264, § 2, effective July 1.
Editor's note: The provisions of this section are similar to provisions of several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index.
Cross references: For the legislative declaration contained in the 1983 act amending subsection (1), see section 1 of chapter 367, Session Laws of Colorado 1983.