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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.

REREVISED

TRANSPORTATION

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.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

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. (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: 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:

(a)  Field­measured dimensions of the centerline of the railroad tracks THE DATE THE RAILROAD TRACKS ARE GOING TO BE REMOVED; 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. 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.