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Home » US Law » 2022 Colorado Code » Title 43 - Transportation » Article 1 - General and Administrative » Part 13 - Acquisition of Abandoned Railroad Rights-of-Way

§ 43-1-1301. Legislative Declaration – Intent

The general assembly hereby finds and declares that the abandonment of railroad rights-of-way and the resulting loss of railroad service and established railroad corridors will have an adverse impact on the citizens of the state of Colorado. The general assembly further declares that the preservation of these abandoned railroad corridors, before the lines are dismantled […]

§ 43-1-1302. Definitions

As used in this part 13, unless the context otherwise requires: “Interim recreational purposes” means a use for hiking, biking, equestrian, or similar recreational use which does not prevent the restoration and reconstruction of the right-of-way for railroad or other transportation purposes. “Railroad right-of-way” means any real property or interest in real property that is […]

§ 43-1-1304. Notice of Rail Line or Right-of-Way Availability

Whenever an owner of a rail line or railroad right-of-way intends to dispose of such property, the owner shall notify the executive director of such intention in writing. The executive director shall, within thirty days after the receipt of such notice, inform all departments of the state of Colorado, the metropolitan or regional transportation authorities, […]

§ 43-1-1305. Acquisition for State Rail Bank

The department, subject to section 43-1-1303, may acquire by purchase all or part of any eligible rail line or right-of-way made available as provided in this part 13. Rail lines and rights-of-way purchased by the department pursuant to this part 13 shall constitute the state rail bank. Prior to any acquisition of a rail line […]

§ 43-1-1306. Disposition of State Rail Bank Property

The executive director shall maintain property within the state rail bank, including weed control, in a manner that minimizes maintenance costs and provides a benefit to the state. The executive director shall assume the responsibilities of the abandoning railroad company for the construction and maintenance of fencing of abandoned rail lines or railroad rights-of-way within […]

§ 43-1-1308. Recommendations and Findings of the Tlrc

The members of the transportation legislation review committee shall make a written report setting forth its recommendations, findings, and comments as to each recommendation for the acquisition of abandoned railroad rights-of-way and their uses and submit the report to the general assembly. Source: L. 97: Entire part added, p. 1622, § 2, effective June 4.

§ 43-1-1309. State Rail Bank Fund – Creation

There is hereby created the state rail bank fund to which shall be allocated such revenues as the general assembly may from time to time determine. Moneys in the state rail bank fund may be used for the acquisition, maintenance, improvement, or disposal of rail lines or railroad rights-of-way or any other purpose necessary to […]

§ 43-1-1310. Effect of Transfer of Railroad Rights-of-Way

Any transfer of title of the railroad rights-of-way from a railroad company as provided in section 43-1-803 or in this part 13 shall not affect the title, either possessory or reversionary, of an owner of real property along the currently existing railroad right-of-way. Nothing in this part 13 or in section 43-1-803 shall be construed […]

§ 43-1-1311. Survey Required – Railroad Track Removal

Before any railroad tracks are removed from abandoned railroad rights-of-way in Colorado, if a proper legal description is not available, the person or entity removing the railroad tracks shall cause a field survey of the centerline of such railroad tracks to be made by a professional land surveyor, if title to any land references such […]