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Second Regular Session
Sixty-first General Assembly
LLS NO. 980085.01 PLC
SENATE BILL 98035
STATE OF COLORADO
BY SENATOR Mutzebaugh;
also REPRESENTATIVE Swenson.
A BILL FOR AN ACT
CONCERNING THE PERFORMANCE OF A FIELD SURVEY BY A
PROFESSIONAL LAND SURVEYOR BEFORE RAILROAD TRACKS ARE REMOVED
FROM ABANDONED RAILROAD RIGHTSOFWAY TO CREATE A LEGAL
DESCRIPTION OF THE PROPERTY.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Transportation Legislation Review Committee.
Replaces the requirement for a person or entity to cause a field
survey to be performed by a professional land surveyor before
removing railroad tracks from abandoned railroad rightsofway
with the requirement that such person or entity provide a legal
description that is sufficient to describe the property and any
rights to be conveyed.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 4311311, Colorado Revised Statutes, is amended to read:
4311311. Railroad track
removal notice to adjacent landowners survey.
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: BEFORE
ANY PERSON OR ENTITY REMOVES ANY RAILROAD TRACKS FROM ABANDONED
RAILROAD RIGHTSOFWAY IN COLORADO, THE PERSON OR ENTITY
REMOVING THE RAILROAD TRACKS SHALL NOTIFY ALL LANDOWNERS WHO OWN
LAND IMMEDIATELY ADJACENT TO THE ABANDONED RAILROAD RIGHTOFWAY
AND THE COUNTY CLERK AND RECORDER'S OFFICES WHERE SUCH RIGHTOFWAY
IS LOCATED AT LEAST SIX MONTHS BEFORE THE RAILROAD TRACKS ARE
REMOVED. SUCH NOTICES SHALL BE BY FIRST CLASS MAIL AND SHALL
ADVISE THE LANDOWNER AND CLERK AND RECORDER'S OFFICES OF THE FOLLOWING:
dimensions of the centerline of the railroad tracks
THE DATE THE RAILROAD TRACKS ARE GOING TO BE REMOVED; and
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.
THAT REMOVAL OF THE RAILROAD TRACKS MAY AFFECT THE LEGAL DESCRIPTION
OF THE LANDOWNER'S PROPERTY AND THAT THE LANDOWNER MAY WISH TO
CONTACT A PROFESSIONAL LAND SURVEYOR IN ORDER TO DETERMINE IF
A NEW SURVEY OF THE PROPERTY SHOULD BE PERFORMED PRIOR TO THE
REMOVAL OF THE RAILROAD TRACKS; AND
(c) IF THE LANDOWNER DETERMINES THAT A NEW SURVEY OF HIS OR HER PROPERTY IS IN ORDER, THE PERSON OR ENTITY REMOVING THE RAILROAD TRACKS SHALL ALLOW THE LANDOWNER ACCESS TO THE ABANDONED RAILROAD RIGHTOFWAY SOLELY FOR THE PURPOSE OF PERFORMING THE NEW SURVEY; AND
(d) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF A PERSON REPRESENTING THE PERSON OR ENTITY REMOVING THE RAILROAD TRACKS THAT THE LANDOWNER MAY CONTACT FOR INFORMATION AND TO ARRANGE ACCESS TO THE ABANDONED RAILROAD RIGHTOFWAY.
(2) NO RAILROAD TRACKS MAY BE REMOVED FROM AN ABANDONED RAILROAD RIGHTOFWAY PRIOR TO THE EXPIRATION OF THE SIXMONTH PERIOD PROVIDED IN SUBSECTION (1) OF THIS SECTION, UNLESS ALL LANDOWNERS WHO OWN THE LAND IMMEDIATELY ADJACENT TO THE ABANDONED RAILROAD RIGHTOFWAY WAIVE THE SIXMONTH PERIOD, IN WRITING.
SECTION 2. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.