28-7047. Mountain preserve; limitation; definition
A. This state or a political subdivision of this state shall not construct, lay out, open or establish a street, road or highway through a designated mountain preserve unless the construction of the street, road or highway is approved by a majority of the electors of a charter city voting on the matter.
B. This section does not apply to a state route that is proposed to be constructed within a designated mountain preserve and that is in the state highway system on August 15, 1990.
C. For the purposes of this section, " designated mountain preserve" means individual parcels of real property that are within a charter city, that have been designated as a whole as a mountain preserve and that have been accumulated or designated through any of the following methods:
1. Real property that is owned by a charter city and that is located within a generally recognized mountain preserve area.
2. Real property purchased by a charter city in whole or in part for the purpose of including the real property within a mountain preserve with the proceeds of general obligation bonds issued by the charter city.
3. Real property designated by ordinance to be a part of a mountain preserve by the city council of a charter city.
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