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§ 43-1-201. Short Title

This part 2 shall be known and may be cited as the “Highway Law”, and references to “this part 2” shall be understood to mean the highway law, including all its provisions. Source: L. 21: p. 362, § 1. C.L. § 1385. CSA: C. 143, § 92. CRS 53: § 120-3-1. C.R.S. 1963: § 120-3-1.

§ 43-1-202. Public Highways or Roads

All roads and highways which are, on May 4, 1921, by law open to public traffic shall be public highways within the meaning of this part 2. Source: L. 21: p. 362, § 2. C.L. § 1386. CSA: C. 143, § 93. L. 45: Ex. Sess., p. 41, § 1. CRS 53: § 120-3-2. C.R.S. […]

§ 43-1-202.5. Public Rights in Roads – Transfer of Right-of-Way

If any road has been established by law, the transfer of all or any part of the property upon which such road is constructed to any party, including, but not limited to, any government agency, shall not act to vacate such road. No such transfer shall act to diminish the rights of any person in […]

§ 43-1-202.7. Recording of Documents Vacating or Abandoning a Roadway

If any roadway is vacated or abandoned by the state, by a county, or by a municipality, the documents vacating or abandoning such roadway, including but not necessarily limited to any resolution, ordinance, deed, conveyance document, plat, or survey, shall be recorded in the office of the clerk and recorder of the county in which […]

§ 43-1-203. Definitions

As used in this part 2, unless the context otherwise requires: “Highway” includes bridges on the roadway and culverts, sluices, drains, ditches, waterways, embankments, retaining walls, trees, shrubs, and fences along or upon the same and within the right-of-way, and any subsurface support acquired in accordance with section 43-1-209. Source: L. 21: p. 362, § […]

§ 43-1-204. State Highway

A “state highway” within the meaning of this part 2 is a right-of-way or location, whether actually used as a highway or not, designated for the construction of a state highway upon it. Source: L. 21: p. 363, § 4. C.L. § 1388. CSA: C. 143, § 95. CRS 53: § 120-3-4. C.R.S. 1963: § […]

§ 43-1-205. Offices

The office of state planning and budgeting shall provide for the department of transportation suitable offices in the capitol or other state building at Denver at such rent and telephone or other expenses as are just and reasonable. Moneys for the payment of such rent and telephone or other expenses shall be paid from the […]

§ 43-1-207. Petition for Acceptance of Road as State Highway

If a board of county commissioners desires to have the transportation commission accept as a state highway any section of road in the county, the board of county commissioners by resolution may so request the commission, and the chief engineer shall then examine the section of road referred to and report to the commission as […]

§ 43-1-208. State Highway – Damages – Eminent Domain

If the chief engineer deems it desirable to establish, open, relocate, widen, add mass transit to, or otherwise alter a portion of a state highway, negotiations to acquire the land have failed, and the chief engineer determines that filing a petition in condemnation pursuant to article 1 of title 38 is necessary or if the […]

§ 43-1-209. Subsurface Support Deemed Acquired

Whenever real property is acquired for road, highway, or mass transit purposes, whether such acquisition is by purchase, lease, or other means or by eminent domain, the right to subsurface support of such real property is deemed to be acquired therewith; except that no right to oil, natural gas, or other mineral resources beneath such […]

§ 43-1-210.5. Rights-of-Way Use by Adjacent Landowners

The general assembly hereby finds and declares that the department of transportation controls the use of thousands of acres of rights-of-way in Colorado for highway purposes. The general assembly further finds that, although the primary use of such rights-of-way is for highways, certain rights-of-way could also be used for productive agricultural purposes without reducing the […]

§ 43-1-211. Department to Acquire Land – Buildings

For the purpose of constructing, maintaining, and supervising the public highways of this state, the department of transportation is authorized to purchase land and cause to be erected thereon by a nonprofit corporation or authority buildings suitable for offices or for housing machines, tools, and equipment, or for both of such purposes. Source: L. 51: […]

§ 43-1-212. Department – Rental Agreements

The department of transportation is authorized to enter into rental or leasehold agreements under which the department shall acquire title to such buildings within a period not exceeding thirty years upon payment of the stipulated aggregate annual rentals. The plans, specifications, bids, and contracts for such buildings and the terms of all such rental or […]

§ 43-1-213. Fees and Taxes – Not Reduced

The excise fees and taxes payable into the state highway fund shall never be reduced to the extent that amounts payable into such fund are insufficient to comply with the terms of any rental or leasehold agreement entered into pursuant to this part 2. Source: L. 51: p. 734, § 3. CSA: C. 143, § […]

§ 43-1-214. Property Exempt From Taxation

Property acquired or occupied pursuant to this part 2 shall be exempt from taxation so long as it is used for state highway or other public purposes. Source: L. 51: p. 734, § 4. CSA: C. 143, § 178. CRS 53: § 120-3-14. C.R.S. 1963: § 120-3-14.

§ 43-1-215. Agreements Enforceable

Purchase or leasehold agreements entered into by the department of transportation pursuant to this part 2 shall be enforceable in any court of competent jurisdiction. Source: L. 51: p. 734, § 5. CSA: C. 143, § 179. CRS 53: § 120-3-15. C.R.S. 1963: § 120-3-15. L. 91: Entire section amended, p. 1094, § 111, effective […]

§ 43-1-216. Notices and Tenders by Mail

All notices to landowners referred to in this part 2 may be given by mailing the same to such landowners. All tenders of payment of damages to landowners referred to in this part 2 may be made by mailing to each landowner to whom such tender is to be made a written or printed statement […]

§ 43-1-217. Inclusion of Streets in Highways

For all of the purposes of this part 2 and, with respect to state highways, for all the purposes of part 1 of article 3 of this title, state highways or county highways may be designated, established, and constructed in, into, or through cities and counties, cities, or towns when such highways form necessary or […]

§ 43-1-218. State and School Lands

The provisions of this part 2 shall apply to state lands and school lands as well as other lands. Source: L. 21: p. 373, § 24. C.L. § 1408. CSA: C. 143, § 115. CRS 53: § 120-3-18. C.R.S. 1963: § 120-3-18.