Chapter 4 - § 4.28 • COUNTIES

• Jurisdiction: Colorado

§ 4.28 • COUNTIES

§ 4.28.1—Power to Acquire and Hold Real Property

A county has the power to purchase and hold real property for the use of the county, and acquire lands sold for taxes, as provided by law.⁴⁷³ A county may acquire, own, and operate public recreation facilities, open space and parklands, and playgrounds, and may acquire and maintain land, buildings, or other recreational facilities either within or without the corporate limits of the county.⁴⁷⁴ A county may lease real property as a lessee, together with any facilities thereon, when deemed by the board of county commissioners to be in the best interests of the county and its inhabitants.⁴⁷⁵ Subject to certain conditions, a county may enter into lease purchase agreements, which agreements may contain an option to purchase, transfer, or acquire title to the property and the improvements thereon.⁴⁷⁶ A county may acquire, by eminent domain, land or buildings for the provision of court and district attorney facilities, jails, and other necessary facilities specifically related thereto.⁴⁷⁷ A county may acquire, by donation, purchase, or eminent domain proceedings, any private or public property necessary for the improvement or construction of state highways,⁴⁷⁸ and may acquire, by eminent domain, land for county roads.⁴⁷⁹ Any real property conveyed to a county is deemed the property of the county.⁴⁸⁰

A county has no power to acquire real property as a speculation or an investment, nor does it have the power to retain property lawfully acquired for the use of the county when the use no longer exists. It may acquire and retain such property as it currently reasonably needs, or in the future may reasonably need, but no more.⁴⁸¹ But an heir of one who conveys property to a county in consideration for financial assistance cannot have the deed set aside on the ground of ultra vires where the county has fully performed its obligation to provide financial assistance.⁴⁸²

A county may lease a right of way over lands held for public purpose that are not in actual use for the purpose to which they are dedicated, for such period of time and under such terms and conditions as it deems advisable, and may construct and maintain public roads and highways thereon.⁴⁸³

§ 4.28.2—Power to Convey Real Property

A county may sell, convey, or exchange real property owned by the county and make such order respecting the same as may be deemed conducive to the interests of the inhabitants,⁴⁸⁴ and may lease any real property...