SENATE BILL 97037
BY SENATORS Mutzebaugh, Bishop, Chlouber, Perlmutter, and Rizzuto;
also REPRESENTATIVES Taylor, Mace, Miller, Reeser,
Schwarz, Smith, Sullivant, Swenson, Veiga, Young, and Zimmerman.
CONCERNING THE DISPOSITION OF ABANDONED RAILROAD
RIGHTSOFWAY IN COLORADO, AND, IN CONNECTION THEREWITH,
ESTABLISHING TAX CREDITS FOR RAILROAD COMPANIES THAT DONATE ABANDONED
RAILROAD RIGHTSOFWAY TO THE STATE, AUTHORIZING THE
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION TO ACCEPT,
USE, AND CONVEY DONATED RAILROAD RIGHTSOFWAY, REQUIRING
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION TO
MAKE RECOMMENDATIONS TO THE TRANSPORTATION LEGISLATION REVIEW
COMMITTEE REGARDING STATE ACQUISITION OF ABANDONED RAILROAD RIGHTSOFWAY,
AND REQUIRING THE LEGISLATIVE MEMBERS OF THE TRANSPORTATION LEGISLATION
REVIEW COMMITTEE TO MAKE A REPORT TO THE GENERAL ASSEMBLY RECOMMENDING
ACQUISITION OF ABANDONED RAILROAD RIGHTSOFWAY, AND
MAKING AN APPROPRIATION IN CONNECTION THEREWITH.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Part
8 of article 1 of title 43, Colorado Revised Statutes, 1993 Repl.
Vol., is amended BY THE ADDITION OF A NEW SECTION to read:
431803. Authority of executive
director of the department of transportation acceptance
and conveyance of donated railroad rightofway
definition. (1) THE EXECUTIVE
DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION, OR HIS OR HER DESIGNEE,
IS AUTHORIZED TO:
(a) ACCEPT THE DONATION OF AN ABANDONED
RAILROAD RIGHTOFWAY FROM A RAILROAD COMPANY TO THE
STATE;
(b) DETERMINE IF THE ABANDONED RAILROAD
RIGHTSOFWAY TO BE DONATED BY RAILROAD COMPANIES SHOULD
BE ACCEPTED AND THE METHOD OF THE CONVEYANCE;
(c) ALLOW THE USE OF THE RAILROAD RIGHTOFWAY FOR ANY PUBLIC PURPOSE; EXCEPT THAT, IF SUCH USE IS INCOMPATIBLE WITH THE OPERATION OF A FREIGHT OR PASSENGER RAIL SERVICE AS DETERMINED BY THE DIRECTOR, THE USE INCOMPATIBLE WITH RAIL SERVICE SHALL CEASE
WHEN RAIL SERVICE COMMENCES.
(2) THE EXECUTIVE DIRECTOR SHALL, AS SOON
AS IS PRACTICABLE, SELL, TRADE, OR OTHERWISE CONVEY RAILROAD RIGHTSOFWAYS
OBTAINED PURSUANT TO SUBSECTION (1) OF THIS SECTION TO AN INDIVIDUAL,
FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION, OR OTHER LEGAL ENTITY
THAT HAS BEEN FOUND BY THE EXECUTIVE DIRECTOR TO BE CAPABLE OF
OPERATING A FREIGHT OR PASSENGER RAIL SERVICE.
(3) UPON THE SALE OF THE RAILROAD RIGHTOFWAY
TO AN INDIVIDUAL, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION,
OR OTHER LEGAL ENTITY THAT HAS BEEN FOUND BY THE EXECUTIVE DIRECTOR
TO BE CAPABLE OF OPERATING A FREIGHT OR PASSENGER RAIL SERVICE,
THE EXECUTIVE DIRECTOR SHALL DEPOSIT THE PROCEEDS OF THE SALE
IN THE STATE RAIL BANK FUND, CREATED IN SECTION 4311309.
(4) FOR PURPOSES OF THIS SECTION, "ABANDONED
RAILROAD RIGHTOFWAY" MEANS ANY REAL PROPERTY
OR INTEREST IN REAL PROPERTY THAT IS OR HAS BEEN OWNED AND OPERATED
BY A RAILROAD COMPANY FOR RAIL SERVICE UPON WHICH THE SURFACE
TRANSPORTATION BOARD OR OTHER RESPONSIBLE FEDERAL AGENCY HAS PERMITTED
DISCONTINUANCE OF SERVICE AND DISPOSAL OF THE REAL PROPERTY OR
INTEREST IN THE REAL PROPERTY. "ABANDONED RAILROAD RIGHTOFWAY"
INCLUDES ANY FIXTURES TO THE REAL PROPERTY, INCLUDING RAILROAD
TRACKS, THAT ARE USED OR USEABLE IN RAIL SERVICE.
SECTION 2. Article
1 of title 43, Colorado Revised Statutes, 1993 Repl. Vol., as
amended, is amended BY THE ADDITION OF A NEW PART to read:
PART 13
ACQUISITION OF ABANDONED
RAILROAD RIGHTSOFWAY
4311301. Legislative declaration.
(1) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES
THAT THE ABANDONMENT OF RAILROAD RIGHTSOFWAY 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
AND SALVAGED, IS NECESSARY TO ENSURE THE CONTINUED AVAILABILITY
OF THESE CORRIDORS FOR FREIGHT OR PASSENGER RAIL SERVICE OR OTHER
PUBLIC USES SHOULD NO RAIL SERVICE OPERATOR BE IMMEDIATELY AVAILABLE.
(2) THE GENERAL ASSEMBLY HEREBY FINDS
AND DECLARES THAT THE PRESERVATION OF RAILROAD SERVICE AND RAILROAD
RIGHTSOFWAY BENEFITS THE TRANSPORTATION SYSTEM AND
THE ECONOMY OF THE STATE. THE GENERAL ASSEMBLY FURTHER FINDS AND
DECLARES THAT THE LOSS OF RAILROAD SERVICE AND OF RAILROAD RIGHTSOFWAY
THREATEN THE POTENTIAL FUTURE USE OF ESTABLISHED RAILROAD CORRIDORS
FOR TRANSPORTATION PURPOSES IF THE RAIL LINES OR RIGHTSOFWAY
ARE ALLOWED TO BE ABANDONED OR SOLD FOR PURPOSES OTHER THAN TRANSPORTATION.
(3) IT IS THE INTENT OF THE GENERAL ASSEMBLY
BY ENACTING THIS PART 13 TO ESTABLISH AND ENDORSE POLICIES TO
ENCOURAGE THE CONTINUED USE OF EXISTING RAIL LINES, PRESERVE LINES
AND RIGHTSOFWAY, AND PROMOTE THE FUTURE USE OF RAILROAD
RIGHTSOFWAY FOR TRANSPORTATION AND INTERIM RECREATIONAL
PURPOSES.
(4) IF A RAIL LINE OR RIGHTOFWAY
PROPOSED FOR ABANDONMENT IS BEING CONSIDERED FOR ACQUISITION BY
THE STATE FOR TRANSPORTATION PURPOSES, WHICH MAY INCLUDE INTERIM
RECREATIONAL PURPOSES, THE REGIONAL PLANNING COMMISSIONS, ACTING
ON BEHALF OF THE TRANSPORTATION PLANNING REGIONS, SHALL ASSIST
THE STATE IN DETERMINING APPROPRIATE USES OF SUCH RAIL LINE OR
RIGHTOFWAY. THE DEPARTMENT AND THE REGIONAL PLANNING
COMMISSIONS SHALL INCLUDE IN THEIR DELIBERATIONS REPRESENTATIVES
FROM EACH OF THE FOLLOWING INTERESTS, IF SUCH INTERESTS ARE NOT
ALREADY REPRESENTED: PRIVATE PROPERTY OWNERS, RECREATION AND ENVIRONMENTAL
INTERESTS, THE DEPARTMENT OF LOCAL AFFAIRS, AND THE DEPARTMENT
OF NATURAL RESOURCES.
4311302. Definitions.
AS USED IN THIS PART 13, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "INTERIM RECREATIONAL PURPOSES"
MEANS A USE FOR HIKING, BIKING, EQUESTRIAN, OR SIMILAR RECREATIONAL
USE WHICH DOES NOT PREVENT THE RESTORATION AND RECONSTRUCTION
OF THE RIGHTOFWAY FOR RAILROAD OR OTHER TRANSPORTATION
PURPOSES.
(2) "RAILROAD RIGHTOFWAY"
MEANS ANY REAL PROPERTY OR INTEREST IN REAL PROPERTY THAT IS OR
HAS BEEN OWNED BY A RAILROAD COMPANY AS THE SITE, OR IS ADJACENT
TO THE SITE, OF AN EXISTING OR FORMER RAIL LINE, INCLUDING FIXTURES
SUCH AS RAILROAD TRACKS, THAT MAY BE USED OR ARE USABLE TO CONTINUE
RAIL SERVICE.
(3) "TLRC" MEANS THE TRANSPORTATION
LEGISLATION REVIEW COMMITTEE, CREATED IN SECTION 432145.
4311303. Duties of the
executive director TLRC approval property eligible
for acquisition. (1) AN EXISTING
RAIL LINE OR RAILROAD RIGHTOFWAY OR AN ABANDONED RAILROAD
RIGHTOFWAY IS ELIGIBLE FOR ACQUISITION BY THE DEPARTMENT
IF THE EXECUTIVE DIRECTOR DETERMINES THAT IT SERVES OR MAY SERVE
ANY ONE OR MORE OF THE FOLLOWING PURPOSES:
(a) PRESERVATION OF THE RAIL LINE FOR
FREIGHT OR PASSENGER SERVICE;
(b) MAINTENANCE OF A RAIL CORRIDOR OR
RAILROAD RIGHTOFWAY FOR FUTURE TRANSPORTATION PURPOSES
OR INTERIM RECREATIONAL PURPOSES;
(c) ACCESS TO SURROUNDING STATE MANUFACTURING
FACILITIES, AGRICULTURAL AREAS, OR OTHER LOCALES THAT MAY BE ADVERSELY
AFFECTED BY THE LOSS OF RAIL SERVICE OR LOSS OF THE RAILROAD CORRIDOR;
OR
(d) ANY PUBLIC USE OF THE RAIL LINE OR
RAILROAD RIGHTOFWAY THAT IS COMPATIBLE WITH THE FUTURE
USE AS A RAILROAD OR OTHER TRANSPORTATION SYSTEM AS TRANSPORTATION
IS DEFINED IN SECTION 431102.
(2) THE COMMISSION SHALL REVIEW ANY PROPERTY
DETERMINED TO BE ELIGIBLE FOR ACQUISITION AND APPROVE THE ACQUISITION
BEFORE THE EXECUTIVE DIRECTOR SUBMITS THE PRIORITIZED LIST OF
RAIL LINES OR RIGHTSOFWAY TO BE ACQUIRED TO THE TLRC
PURSUANT TO SUBSECTION (3) OF THIS SECTION.
(3) THE EXECUTIVE DIRECTOR SHALL SUBMIT
A PRIORITIZED LIST WITH RECOMMENDATIONS TO THE TLRC CONCERNING
THE RAILROAD RIGHTSOFWAY OR RAIL LINES PROPOSED TO
BE ACQUIRED BY THE STATE AND THEIR PROPOSED USES.
(4) THE EXECUTIVE DIRECTOR MAY ACCEPT
GIFTS, GRANTS, AND DONATIONS FOR PURPOSES OF THIS PART 13, AND
ANY MONEYS SO RECEIVED SHALL BE DEPOSITED WITH THE STATE TREASURER
TO BE CREDITED TO THE STATE RAIL BANK FUND, CREATED IN SECTION
4311309.
4311304. Notice of rail
line or rightofway availability.
WHENEVER AN OWNER OF A RAIL LINE OR RAILROAD RIGHTOFWAY
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, AND CITIES, COUNTIES,
AND TOWNS WHERE THE PROPERTY OR A PORTION THEREOF IS LOCATED OF
THE OWNER'S INTENTION TO DISPOSE OF THE RAIL LINE OR RIGHTOFWAY.
THE STATE AND ANY METROPOLITAN OR REGIONAL TRANSPORTATION AUTHORITY,
CITIES, COUNTIES, AND TOWNS AFFECTED BY THE INTENDED DISPOSAL
SHALL HAVE NINETY DAYS AFTER THE ANNOUNCEMENT OF THE INTENDED
DISPOSAL IN WHICH TO CONTACT THE OWNER IN WRITING TO EXPRESS AN
INTEREST IN ACQUIRING THE PROPERTY OR PRESERVING RAIL SERVICE.
IF THE OWNER RECEIVES WRITTEN NOTICE WITHIN THE NINETYDAY
PERIOD AFTER THE ANNOUNCEMENT OF THE INTENDED DISPOSAL, THE OWNER
SHALL PROVIDE SUCH PUBLIC ENTITIES THE OPPORTUNITY TO PURCHASE
THE RAIL LINE OR RIGHTOFWAY.
4311305. Acquisition for
state rail bank. (1) THE DEPARTMENT,
SUBJECT TO SECTION 4311303, MAY ACQUIRE BY PURCHASE
ALL OR PART OF ANY ELIGIBLE RAIL LINE OR RIGHTOFWAY
MADE AVAILABLE AS PROVIDED IN THIS PART 13. RAIL LINES AND RIGHTSOFWAY
PURCHASED BY THE DEPARTMENT PURSUANT TO THIS PART 13 SHALL CONSTITUTE
THE STATE RAIL BANK.
(2) PRIOR TO ANY ACQUISITION OF A RAIL
LINE OR RIGHTOFWAY PURSUANT TO THIS PART 13 OR SECTION
431803, THE DEPARTMENT SHALL PREPARE AN ENVIRONMENTAL
AUDIT OF THE PROPERTY AND SHALL CONSIDER THE ENVIRONMENTAL CONDITION
OF THE PROPERTY IN ITS ACQUISITION.
(3) THE COMMISSION SHALL REVIEW ANY PROPERTY
DETERMINED TO BE ELIGIBLE FOR ACQUISITION AND APPROVE THE ACQUISITION
BEFORE THE EXECUTIVE DIRECTOR SUBMITS THE PRIORITIZED LIST OF
RAIL LINE OR RIGHTOFWAY TO BE ACQUIRED TO THE TLRC
PURSUANT TO SECTION 4311303 (3).
4311306. Disposition of
state rail bank property. (1) 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 RIGHTSOFWAY WITHIN THE STATE RAIL
BANK; EXCEPT THAT, WHERE NO AGREEMENT EXISTS, THEN NO REQUIREMENT
FOR FENCING SHALL BE IMPOSED.
(2) THE EXECUTIVE DIRECTOR MAY MAKE PROPERTY
IN THE STATE RAIL BANK AVAILABLE FOR INTERIM RECREATIONAL PURPOSES,
BUT SUCH INTERIM RECREATIONAL USE SHALL NOT LIMIT THE ABILITY
TO RESTORE OR RECONSTRUCT THE PROPERTY FOR RAILROAD SERVICE OR
OTHER TRANSPORTATION SERVICES.
(3) THE EXECUTIVE DIRECTOR SHALL PROVIDE
A FIRST RIGHT OF REFUSAL TO PURCHASE OR LEASE ANY RAIL LINE OR
RAILROAD RIGHTOFWAY HELD IN THE STATE RAIL BANK TO
METROPOLITAN OR REGIONAL TRANSPORTATION AUTHORITIES, CITIES, TOWNS,
COUNTIES, OR MASS TRANSIT AGENCIES IF THOSE ENTITIES HAVE FIRST
UNDERTAKEN AND APPROVED A PLAN OR PROGRAM TO USE THE PROPERTY
FOR TRANSPORTATION PURPOSES.
(4) THE EXECUTIVE DIRECTOR MAY SELL OR
LEASE ANY RAIL LINE OR RAILROAD RIGHTOFWAY HELD IN
THE STATE RAIL BANK TO A FINANCIALLY RESPONSIBLE RAILROAD OPERATOR
WHO WILL USE THE PROPERTY TO PROVIDE RAIL SERVICE. IN ANY SALE
OF A RAIL LINE OR RAILROAD RIGHTOFWAY HELD IN THE
STATE RAIL BANK PURSUANT TO THIS SUBSECTION (4) OR SECTION 431803
(2), THE EXECUTIVE DIRECTOR SHALL RETAIN A POSSIBILITY OF REVERTER
TO THE STATE IN THE EVENT THAT THE RAILROAD OPERATOR ABANDONS
THE RAIL LINE OR RAILROAD RIGHTOFWAY OR IF THE RAIL
LINE OR RAILROAD RIGHTOFWAY IS USED OR CONVEYED FOR
ANY PURPOSE OTHER THAN THE OPERATION OF RAILROAD SERVICES. ANY
SUCH PROPERTY THAT REVERTS BACK TO THE STATE SHALL BE HELD IN
THE STATE RAIL BANK.
(5) THE EXECUTIVE DIRECTOR MAY CONVERT
PROPERTY IN THE STATE RAIL BANK TO OTHER TRANSPORTATION USES FOLLOWING
APPROPRIATE STUDIES AND UPON APPROVAL BY THE COMMISSION AND THE
TLRC.
(6) THE EXECUTIVE DIRECTOR SHALL ENSURE
THAT, IN ANY SALE, LEASE, OR OTHER CONVEYANCE OF A RAIL LINE OR
RAILROAD RIGHTOFWAY HELD IN THE STATE RAIL BANK, ANY
AGREEMENT OF THE RAILROAD COMPANY THAT ABANDONED SUCH RAIL LINE
OR RIGHTOFWAY TO CONSTRUCT OR MAINTAIN FENCING RELATIVE
TO SUCH RAIL LINE OR RIGHTOFWAY SHALL BE TRANSFERRED
TO THE PERSON TO WHOM THE RIGHTOFWAY IS CONVEYED.
(7) (a) ANY TRANSFER OF TITLE OF
THE RAILROAD RIGHTSOFWAY FROM A RAILROAD COMPANY AS
PROVIDED IN THIS PART 13 OR IN SECTION 431803 SHALL
NOT IMPAIR OR DIMINISH THE RIGHT OF ANY DITCH OWNER TO CONSTRUCT,
OPERATE, MAINTAIN, OR ENLARGE ANY IRRIGATION DITCH AS PROVIDED
BY LAW. ANY DAMAGE TO AN IRRIGATION DITCH THAT IS LOCATED IN OR
ADJACENT TO SUCH RAILROAD RIGHTOFWAY AND ANY INCREASES
IN DITCH MAINTENANCE CAUSED BY THE USE OF THE RAILROAD RIGHTOFWAY
FOR A PUBLIC PURPOSE SHALL BE THE RESPONSIBILITY OF THE PERSON
TO WHOM THE TITLE OF THE RAILROAD RIGHTOFWAY WAS TRANSFERRED.
ANY SUCH TRANSFER OF TITLE SHALL NOT IMPAIR OR DIMINISH EXISTING
CONTRACTS BETWEEN THE RAILROAD COMPANY AND ANY DITCH OWNER FOR
THE USE, OPERATION, AND MAINTENANCE OF ANY DITCH. THE EXECUTIVE
DIRECTOR SHALL ENSURE THAT THE NECESSARY CONTRACT PROVISIONS AND
DEED RESTRICTIONS OR ANNOTATIONS, PURSUANT TO THIS SUBSECTION
(7), ARE MADE TO THE DOCUMENTS REQUIRED TO TRANSFER THE TITLE
OF SUCH RAILROAD RIGHTOFWAY.
(b) AN OWNER OF AN IRRIGATION DITCH LOCATED
IN OR ADJACENT TO THE RAILROAD RIGHTOFWAY TO WHICH
TITLE IS TRANSFERRED AS PROVIDED IN THIS PART 13 OR IN SECTION
431803 IS IMMUNE FROM SUIT AND FROM ANY AND ALL LIABILITY
ARISING OUT OF OR RELATED TO THE USE OF THE RAILROAD RIGHTOFWAY
FOR A PUBLIC PURPOSE.
4311307. Powers and duties
of the transportation legislation review committee concerning
state acquisition of abandoned railroad rightsofway.
(1) THE TRANSPORTATION LEGISLATION REVIEW COMMITTEE
SHALL STUDY THE RECOMMENDATIONS OF THE EXECUTIVE DIRECTOR MADE
PURSUANT TO SECTION 4311303 (3) FOR ACQUISITION OF,
AND USE OR USES FOR, ABANDONED OR PROPOSED TO BE ABANDONED RAILROAD
RIGHTSOFWAY. ON OR BEFORE OCTOBER 1 OF EACH YEAR,
THE EXECUTIVE DIRECTOR SHALL SUBMIT A PRIORITIZED LIST THAT SHALL
INCLUDE RECOMMENDATIONS FOR THE ACQUISITION AND PROPOSED USE OF
ABANDONED OR PROPOSED TO BE ABANDONED RAILROAD RIGHTSOFWAY.
THE MEMBERS OF THE TRANSPORTATION LEGISLATION REVIEW COMMITTEE
SHALL DETERMINE WHICH ABANDONED RAILROAD RIGHTSOFWAY
MAY BE ACQUIRED BY THE DEPARTMENT AND FUNDED OUT OF THE STATE
RAIL BANK FUND, CREATED IN SECTION 4311309, BASED
UPON THE GREATEST NEED AND ITS PROPOSED USE OR USES.
(2) THE TRANSPORTATION LEGISLATION REVIEW
COMMITTEE MAY HOLD SUCH HEARINGS AS IT DETERMINES NECESSARY TO
CONSIDER REPORTS, STUDIES, AND OTHER PERTINENT INFORMATION FROM
ANY SOURCE, INCLUDING AFFECTED INDIVIDUALS, POLITICAL SUBDIVISIONS,
RAILROAD COMPANIES, OR OTHER ENTITIES, WITH RESPECT TO THE ACQUISITION
OF ABANDONED RAILROAD RIGHTSOFWAY.
(3) THE TRANSPORTATION LEGISLATION REVIEW
COMMITTEE MAY DETERMINE THE PRIORITY OF ACQUISITION OF, AND USE
OR USES FOR, ABANDONED RAILROAD RIGHTSOFWAY BY THE
DEPARTMENT.
4311308. Recommendations
and findings of the transportation legislation review committee.
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 RIGHTSOFWAY AND THEIR USES AND
SUBMIT THE REPORT TO THE GENERAL ASSEMBLY.
4311309. 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
RIGHTSOFWAY OR ANY OTHER PURPOSE NECESSARY TO CARRY
OUT THE IMPLEMENTATION OF THIS PART 13. ALL UNAPPROPRIATED BALANCES
IN THE FUND AT THE END OF ANY FISCAL YEAR SHALL REMAIN THEREIN
AND SHALL NOT REVERT TO THE GENERAL FUND.
4311310. Effect of transfer
of railroad rightsofway. ANY
TRANSFER OF TITLE OF THE RAILROAD RIGHTSOFWAY FROM
A RAILROAD COMPANY AS PROVIDED IN SECTION 431803 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 RIGHTOFWAY. NOTHING IN THIS PART
13 OR IN SECTION 431803 SHALL BE CONSTRUED TO SUPERSEDE
16 U.S.C. 1241 ET SEQ.
4311311. Survey required
railroad track removal. (1) BEFORE
ANY RAILROAD TRACKS ARE REMOVED FROM ABANDONED RAILROAD RIGHTSOFWAY
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 RAILROAD TRACKS. THE PROFESSIONAL LAND SURVEYOR SHALL DEPOSIT
A SURVEY PLAT IN ACCORDANCE WITH SECTION 3850101,
C.R.S., SHOWING THE FOLLOWING:
(a) FIELDMEASURED DIMENSIONS OF
THE CENTERLINE OF THE RAILROAD TRACKS; AND
(b) FIELDMEASURED BEARING AND DISTANCE
TIES TO PUBLIC LAND SURVEY MONUMENT CORNERS SO THAT NO POINT ON
SAID ABANDONED RAILROAD RIGHTSOFWAY IS FURTHER THAN
TWO MILES FROM A PUBLIC LAND SURVEY MONUMENT CORNER.
SECTION 3. Appropriation.
(1) Notwithstanding any provision of section 2421104
(3) (b), Colorado Revised Statutes, to the contrary, on July 1,
1997, the state treasurer shall deduct one million dollars ($1,000,000)
from the department of state cash fund and transfer such sum to
the state rail bank fund created in section 4311309,
Colorado Revised Statutes; except that this transfer shall not
be made if the state treasurer transfers funds to the state rail
bank fund pursuant to section 2421104 (3) (d) (III),
Colorado Revised Statutes, as set forth in Senate Bill 97228.
(2) In addition to any other appropriation,
there is hereby appropriated, out of any moneys in the state rail
bank fund created pursuant to section 4311309, Colorado
Revised Statutes, not otherwise appropriated, to the department
of transportation, for the fiscal year beginning July 1, 1997,
the sum of one million dollars ($1,000,000), or so much thereof
as may be necessary, for the implementation of this act.
SECTION 4. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO