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Wilk To CLERK TO THE BOARD OF COUNTY Date January 25, 1978
COMMISSIONERS
COLORADO From P. Kay Norton, Assistant County Attorney
subject: Public Right to Use Unimproved Section Lines as Roads. --
On October 12, 1889, the Board of County Commissioners of Weld County,
Colorado, pursuant to Section 24-77 of the Revised Statutes of the
United States and Section 4 of Chapter 95 of the General Statutes of
the State of Colorado, declared all section and township lines in the
County of Weld, which were in the United States public domain at the
time of the resolution, to be roads 60 feet wide being 30 feet on each
side of the section and township lines. The resolution did not merely
reserve a right of way, but actually declared the subject section and
township lines to be roads. Therefore, the public has a right to
traverse any of those section and township lines whether or not the
County of Weld has physically opened a road on the site or has accepted
such road as a part of the County road system for maintenance and
repair. No person may legally deny access by another party to such
a public road, nor does the fact that a particular section line may
never have been developed as a road invest the owner of the abutting
property with any special or exclusive rights to the property covered
by the road.
P. KAY NORTON
Assistant C unt tto ney
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