Chapter 4 - § 4.27 • CITIES AND TOWNS

• Jurisdiction: Colorado

§ 4.27 • CITIES AND TOWNS

§ 4.27.1—Power to Acquire and Hold Real Property

Municipalities may acquire and hold property both real and personal.⁴⁴³ An incorporated city or town may acquire and hold such real and personal property as may be necessary to enable it to carry on its corporate business and exercise its proper municipal functions.⁴⁴⁴ In particular, municipalities may acquire lands for airports and landing fields, either within or without the municipality,⁴⁴⁵ and may acquire lands for cemeteries by purchase or otherwise.⁴⁴⁶ "Otherwise" does not, however, include condemnation.⁴⁴⁷ A city, town, or village 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 city, town, or village,⁴⁴⁸ but may not condemn land outside the corporate limits of the city, town, or village.⁴⁴⁹ A municipality may acquire land for a particular purpose even though such land is already devoted to that purpose.⁴⁵⁰

A municipality may acquire waterworks, gasworks, and gas distribution systems for the distribution of gas of any kind or electric light and power works and distribution systems, or heating and cooling works and distribution systems for the distribution of heating and cooling obtained from geothermal resources, solar or wind energy, hydroelectric or renewable biomass resources (including waste and cogenerated heat), and all appurtenances necessary to any of these works or systems.⁴⁵¹ A municipality may not condemn or purchase any such works or systems within 20 years after the granting of a franchise therefor, except at periods of 10 or 15 years thereafter, without the consent of the owner of the franchise.⁴⁵²

The City and County of Denver⁴⁵³ and other home rule cities and towns⁴⁵⁴ may purchase, receive, hold, and enjoy real and personal property; may receive bequests, gifts, and donations of all kinds of property, in fee simple, or in trust for public, charitable, or other purposes; and may condemn and purchase, purchase, acquire, lease, and add to water works, light plants, power plants, transportation systems, heating plants and any other public utilities or works or ways local in use and extent, in whole or in part, and everything required therefore, for the use of Denver or other home rule cities.

An urban renewal authority has the power to acquire any property by purchase, lease, option, gift, grant, bequest, devise, or otherwise to acquire any interest in property by condemnation.⁴⁵⁵

A municipality has the power to purchase and hold lands with which a water right is connected, whether the lands are within or beyond the municipal limits.⁴⁵⁶

§ 4.27.2—Power to Convey Real Property

Municipalities may lease and dispose of property both real and personal.⁴⁵⁷ A city, town, or village may sell and exchange public recreation facilities, open space and parklands, and playgrounds.⁴⁵⁸ Municipalities have the power to sell and dispose of waterworks, ditches, gasworks, geothermal systems, solar systems, electric light works, or other public utilities, public buildings, real property used or held for park purposes, or any other real estate used or held for any governmental purposes. Before any such sale is made, the question of the sale and...