C.R.S. Section 43-1-210
Acquisition and disposition of property

  • department of transportation renovation fund

(1)

Whenever a part of a parcel of land is to be taken for state highway purposes and the remainder is to be left in such shape or condition as to be of little value to its owner or to give rise to claims or litigation concerning severance or other damage, the department of transportation may acquire by purchase or condemnation the whole parcel; except that the owner of said parcel may, at his option, retain the mineral or gravel interests therein, subject to the right to subsurface support retained by the department of transportation pursuant to section 43-1-209. The owner who retains said mineral or gravel interests shall not disturb the surface of the acquired parcel. The department of transportation may sell or lease the remainder of said parcel or may exchange the same for other property needed for state highway purposes.

(2)

The department of transportation may acquire by purchase, exchange, or condemnation excess right-of-way whenever in the opinion of the chief engineer public interest, safety, or convenience will be served by acquiring such excess. In connection with the construction, maintenance, and supervision of the public highways of this state, the department of transportation may also acquire by purchase, exchange, or condemnation strips or parcels of land, or interests therein, adjacent to federal-aid highways necessary for the restoration, preservation, and enhancement of scenic beauty and for the development of rest, recreation, and sanitary areas; but no state funds shall be expended to acquire said strips or parcels of land, or interests therein, necessary for the restoration, preservation, and enhancement of scenic beauty and for the development of rest, recreation, and sanitary areas unless the acquisition and development of land for such purposes is approved by the secretary of transportation to make the state eligible for reimbursement from federal funds.

(3)

The department of transportation has the authority to acquire by purchase, exchange, or condemnation rights-of-way for future needs for which rights-of-way have been identified in the current five-year highway program of projects and to lease any lands which are held for state highway purposes and are not presently needed therefor on such terms and conditions as the chief engineer, with the approval of the governor, may fix. When any right-of-way is to be acquired for future needs pursuant to this subsection (3), the department of transportation may obtain possession of such right-of-way pursuant to section 38-1-105 (6)(a), C.R.S., even though construction funds are not available at the time of acquisition, following the approval of an environmental assessment.

(4)

All moneys received from sale or rent of lands shall be deposited with the state treasurer to the credit of the state highway fund.
(5)(a)(I) The department of transportation is authorized, subject to approving resolution of the transportation commission, to dispose of any property or interest therein in the manner specified in this section which, in the opinion of the chief engineer, is no longer needed for transportation purposes. Subject to the provisions of this section, any sale or exchange of such property or interest shall be upon the terms and conditions as the commission and chief engineer, with the approval of the governor, may fix. Title to such property shall be transferred by appropriate instruments of conveyance, without warranties, and any moneys received shall be deposited with the state treasurer to the credit of the state highway supplementary fund.

(II)

Prior to the disposal of any property or interest in any property that the department determines has an approximate value of more than twenty-five thousand dollars, the department shall obtain an appraisal from an appraiser, who is certified as a general appraiser under section 12-10-606, to determine the fair market value of the property or interest.

(III)

If the department determines that the property or interest therein is of use only to one abutting owner or, in the case of an easement, to the underlying fee owner, the abutting owner or underlying fee owner shall have first right of refusal to purchase or exchange the property or interest therein upon which disposition is being made at the fair market value.

(IV)

Intentionally left blank —Ed.

(A)

If the abutting owner or underlying fee owner refuses to exercise the first right of refusal to purchase or exchange the property or interest therein under subsection (5)(a)(III) of this section or if the department determines that such property or interest is of use to more than one owner or potential owner, any political subdivision of this state including but not limited to any state agency, city or town, or county located within the boundaries of the property or interest therein shall have first right of refusal to purchase or exchange such property or interest at the fair market value. During the first right of refusal period, the department of personnel, as part of the process described in section 24-82-102.5 (4)(a), may determine that the property being offered for sale by the department of transportation could be used for affordable housing, child care, or placement of renewable energy facilities, in which case their right of first refusal supersedes the right of any other political subdivision of the state.

(B)

If no political subdivision exercises its right of first refusal to purchase or exchange the property or interest therein pursuant to sub-subparagraph (A) of this subparagraph (IV), the department shall dispose of such property or interest by means of a sale or exchange for not less than its fair market value.

(V)

For any property or interest therein subject to disposition that the department determines has an approximate value of twenty-five thousand dollars or less, the department shall dispose of the property or interest by means of a sale or exchange at not less than its fair market value in the manner set forth in this subsection (5); except that, as specified in section 12-10-602 (9)(b)(VI), the department may employ a right-of-way acquisition agent, a real estate appraiser who is licensed or certified pursuant to part 6 of article 10 of title 12, or any other individual who has sufficient understanding of the local real estate market to be qualified to make a waiver valuation to provide an estimate of the fair market value of such property or interest and to determine to whom the property or interest is of use.
(b)(Deleted by amendment, L. 96, p. 1453, § 1, effective June 1, 1996.)(c) If the department is not able to dispose of the property or interest therein by means of a sale or exchange following a diligent effort for a five-year period, the department shall vacate such property or interest and title to such property or interest shall vest in accordance with the provisions of part 3 of article 2 of this title.

(d)

As used in this subsection (5), “exchange” means the transferring of property, including improvements, water rights, land, or interests in land or water rights, by the department to another person in consideration for the transfer to the department of other property, including improvements, water rights, land, or interests in land or water rights, cash, or services or other consideration thereof; except that any cash or services received may not exceed fifty percent of the total value of the consideration. A transaction otherwise qualifying as an exchange shall not be deemed a sale merely because dollar values have been assigned to any property, including improvements, water rights, land, or interests in land or water rights, for the purpose of ensuring that the department will receive adequate compensation.

(6)

and (7) Repealed.

Source: Section 43-1-210 — Acquisition and disposition of property - department of transportation renovation fund, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-43.­pdf (accessed Oct. 20, 2023).

43‑1‑101
Legislative declaration 43‑1‑102
Definitions 43‑1‑103
Department created - executive director 43‑1‑104
Department divisions, sections, and units 43‑1‑105
Powers and duties of the executive director 43‑1‑106
Transportation commission - efficiency and accountability committee - powers and duties - rules - definitions 43‑1‑107
Duties of deputy director 43‑1‑108
Transfer of functions, employees, and property - contracts 43‑1‑109
Chief engineer 43‑1‑110
Powers and duties of the chief engineer - hearings - rule-making 43‑1‑111
Engineer to acquire property 43‑1‑112
Legal services 43‑1‑112.5
Establishment of annual allowable revenues and expenditures by general assembly 43‑1‑113
Funds - budgets - fiscal year - reports and publications 43‑1‑113.5
Creation and administration of transportation infrastructure revolving fund 43‑1‑114
Highway maintenance division - creation 43‑1‑115
Transportation data collection 43‑1‑116
Engineering, design, and construction division - created - duties - environmental justice and equity branch 43‑1‑117
Transportation development division - created - duties - freight mobility and safety branch - repeal 43‑1‑117.5
Transit and rail division - created - powers and duties - pilot project to expand transit - report - repeal 43‑1‑118
Employees - duties 43‑1‑119
Applications for licenses - authority to suspend licenses - rules 43‑1‑120
Bicycle and pedestrian policy - codification - legislative declaration 43‑1‑121
Interstate 70 mountain corridor - recommendation regarding short-term mobility solutions 43‑1‑122
Removal of graffiti from departmental facilities - memorandums of understanding 43‑1‑123
Project closure and project reporting requirements 43‑1‑124
Study of transportation commission districts 43‑1‑125
Motor vehicles used for commercial purposes - stakeholder group - reporting - rules - legislative declaration - definition 43‑1‑126
Public awareness of laws concerning operation of vehicle in vicinity of emergency vehicle 43‑1‑127
Registration of carpooling service internet applications - limitations - disclosure - definitions 43‑1‑128
Environmental impacts of capacity projects - additional requirements - legislative declaration - definitions 43‑1‑129
Road usage charge study - report - repeal 43‑1‑130
Autonomous motor vehicles study - report - repeal 43‑1‑131
Transportation planning study - report - rules 43‑1‑201
Short title 43‑1‑202
Public highways or roads 43‑1‑202.5
Public rights in roads - transfer of right-of-way 43‑1‑202.7
Recording of documents vacating or abandoning a roadway 43‑1‑203
Definitions 43‑1‑204
State highway 43‑1‑205
Offices 43‑1‑207
Petition for acceptance of road as state highway 43‑1‑208
State highway - damages - eminent domain 43‑1‑209
Subsurface support deemed acquired 43‑1‑210
Acquisition and disposition of property - department of transportation renovation fund 43‑1‑210.5
Rights-of-way use by adjacent landowners 43‑1‑211
Department to acquire land - buildings 43‑1‑212
Department - rental agreements 43‑1‑213
Fees and taxes - not reduced 43‑1‑214
Property exempt from taxation 43‑1‑215
Agreements enforceable 43‑1‑216
Notices and tenders by mail 43‑1‑217
Inclusion of streets in highways 43‑1‑218
State and school lands 43‑1‑219
State highway fund - created - state supplementary fund - created 43‑1‑220
Sources of funds - assumption of obligations 43‑1‑221
Proceeds from sale of bonds 43‑1‑222
Cash available for small payments 43‑1‑223
Supervision of construction 43‑1‑224
Cooperation with federal departments 43‑1‑225
Power of transportation commission - relocation of utility facilities - payment of cost 43‑1‑226
Legislative declaration 43‑1‑227
Ten-year plan reporting requirements 43‑1‑401
Short title 43‑1‑402
Legislative declaration 43‑1‑403
Definitions 43‑1‑404
Advertising devices allowed - exception - legislative declaration 43‑1‑405
Informational sites authorized 43‑1‑406
Bonus areas 43‑1‑407
Permits 43‑1‑408
Application for permit - contents - rules 43‑1‑409
Permit term - renewal - fees 43‑1‑410
Denial or revocation of permit or renewal 43‑1‑411
Issuance of permits prohibited - when 43‑1‑412
Notice of noncompliance - removal authorized 43‑1‑413
Nonconforming advertising devices 43‑1‑414
Removal of nonconforming devices 43‑1‑415
Administration and enforcement - authority for agreements - rules 43‑1‑416
Local control of outdoor advertising devices 43‑1‑417
Violation and penalty 43‑1‑418
Outdoor advertising program cost recovery center 43‑1‑419
Scenic byways - Independence pass scenic area highway 43‑1‑420
Specific information signs and tourist-oriented directional signs authorized - rules 43‑1‑501
Legislative declaration 43‑1‑502
Definitions 43‑1‑503
Permits required - exceptions 43‑1‑504
Permits issued - when 43‑1‑505
Permit fees - expiration - renewal 43‑1‑506
Regulations 43‑1‑507
Judicial review 43‑1‑508
Violations - penalties 43‑1‑509
Screening - removal of existing junkyards 43‑1‑601
Transportation services for the elderly and for persons with disabilities 43‑1‑602
Department to promulgate rules 43‑1‑603
Participation of political subdivisions 43‑1‑701
Public transportation projects in nonurbanized areas 43‑1‑702
Rules and regulations 43‑1‑801
State rail plan - administration and implementation - local rail service assistance 43‑1‑802
Financing 43‑1‑803
Authority of executive director - acceptance and conveyance of donated railroad right-of-way - definition 43‑1‑901
Transit planning 43‑1‑902
Rules and regulations 43‑1‑1001
Urban mass transportation grants 43‑1‑1002
Rules and regulations 43‑1‑1101
Legislative declaration 43‑1‑1102
Definitions 43‑1‑1103
Transportation planning 43‑1‑1104
Transportation advisory committee 43‑1‑1105
Metropolitan planning commissions 43‑1‑1201
Definitions 43‑1‑1202
Department powers - definition 43‑1‑1203
Unsolicited and comparable proposals 43‑1‑1204
Public-private initiative agreement - definition 43‑1‑1205
Revenue - disposition - use 43‑1‑1206
Rules 43‑1‑1207
Applicability - public highway use by public and private entities 43‑1‑1209
Notice of investment opportunities 43‑1‑1301
Legislative declaration - intent 43‑1‑1302
Definitions 43‑1‑1303
Duties of the executive director - TLRC approval - property eligible for acquisition 43‑1‑1304
Notice of rail line or right-of-way availability 43‑1‑1305
Acquisition for state rail bank 43‑1‑1306
Disposition of state rail bank property 43‑1‑1307
Powers and duties of the TLRC concerning state acquisition of abandoned railroad rights-of-way 43‑1‑1308
Recommendations and findings of the TLRC 43‑1‑1309
State rail bank fund - creation 43‑1‑1310
Effect of transfer of railroad rights-of-way 43‑1‑1311
Survey required - railroad track removal 43‑1‑1401
Legislative declaration 43‑1‑1402
Definitions 43‑1‑1403
Authority to use a design-build contract process 43‑1‑1404
Criteria 43‑1‑1405
Public notice procedures 43‑1‑1406
General procedures 43‑1‑1407
Stipulated fee 43‑1‑1408
Commission approval required 43‑1‑1409
Rule-making authority 43‑1‑1410
Utility relocation - legislative declaration 43‑1‑1411
Project specific utility relocation agreements 43‑1‑1412
Utility relocation delays 43‑1‑1501
Definitions 43‑1‑1502
Provision of retail and commercial goods and services at transfer facilities on department property 43‑1‑1503
Department transfer facilities - provision of retail and commercial goods and services 43‑1‑1504
Possessory interests in transfer facilities - taxation 43‑1‑1601
Safe routes to school program 43‑1‑1602
Federal funds 43‑1‑1603
Use of funds 43‑1‑1604
Rules
Green check means up to date. Up to date

Current through Fall 2024

§ 43-1-210’s source at colorado​.gov