HomeMy WebLinkAbout20052623.tiff RESOLUTION
RE: EXPRESSION OF OPPOSITION TO H.R. 3447 INTRODUCED BY REPRESENTATIVE
MARK UDALL IN THE U.S. HOUSE OF REPRESENTATIVES ON JULY 26, 2005
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,on July 26,2005, Representative Mark Udall introduced into the U.S. House of
Representatives H.R. 3447, a bill designed to modify existing law with respect to rights-of-way
granted local governments through Federal legislation passed in 1866, commonly known as
"RS2477," and
WHEREAS,RS2477 states,"the right-of-way for the construction of highways across public
lands not otherwise reserved for public purposes is hereby granted,"(hereinafter referred to as the
"RS2477 Grant") and
WHEREAS, October 12, 1889, the Board of County Commissioners of Weld County
generally accepted the RS2477 Grant through a Resolution recorded on October 14, 1889, at
Book 86, Page 273, of the records of the Weld County Clerk and Recorder, dedicating certain
section lines in Weld County to be the center of public highways, and
WHEREAS, until October 12, 1889, the Board had accepted the RS2477 Grant on a
road-by-road basis,typically at the time of acceptance of the Road Viewers' Report and dedicating
the new road for public use, and
WHEREAS, in the case of Uhl v. McEndaffer, 123 Colo. 69, 225 P.2d 839 (1950), the
Colorado Supreme Court recognized the validity of the October 12, 1889,dedication, holding it was
not necessary to construct the actual roadway in order to accept the RS2477 Grant, and
WHEREAS,Weld County has 3,096 miles of maintained County roads,with at least some
portions of two-thirds of those roadways being acquired via the RS2477 Grant(referred to herein
as the "RS2477 Roads"), and
WHEREAS, Weld County's system of maintained roads were originally constructed, and
have been maintained continuously, for the purpose of providing citizens with access to private
properties, many of which have been,and are currently being, used for agricultural production,and
WHEREAS, if H.R. 3447 passes, then in order for Weld County to continue to maintain a
particular stretch of a RS2477 Road, it would be required to do the following tasks:
a. File a claim for the roadway with a yet to be named Federal official.
b. Have the roadway surveyed.
c. Provide notice to persons and entities who own land adjacent to the roadway that the
claim has been filed.
2005-2623
(O, �o C TR0023
en-a/
RE: EXPRESSION OF OPPOSITION TO H.R. 3447 INTRODUCED BY REPRESENTATIVE
MARK UDALL IN THE U.S. HOUSE OF REPRESENTATIVES ON JULY 26, 2005
PAGE 2
d. Submit evidence to the Federal official"that the claimed right-of-way traversed public
land not reserved for public use at the time construction of the highway occurred."
(Section 4(b)(9)of H.R.3447) The term"construction"is defined in Section 2(7)as
"an intentional physical act,or series of intentional physical acts, using mechanical
tools, intended to prepare, and that accomplished preparation of, a highway by a
durable,observable, physical modification of land to facilitate its use as a highway,"
and
WHEREAS, for most of the RS2477 Roads which are maintained by Weld County, no
evidence exists as to when they were actually constructed, because such construction occurred
over 100 years ago; therefore in most instances, Weld County will not be able to meet the burden
of proving claims for RS2477 Roads the County has maintained for over a century.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that it opposes H.R. 3447,and calls upon all Representatives of the U.S. House
of Representatives to vote "no" on the bill when it comes up for a vote.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 7th day of September, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
L4/A2II{JJu-will William H. J e, Chairman
1186 fiai' • _ 1�� my Clerk to the Board 7/��
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� M. J. 1 , Pro-Te
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s `r-puty Clerk(/the Board
-am► David E. Long
A D AS TO EXCUSED
RoMAsden
oUri ttorney
Glenn Vaad
Date of signature: Wc2697—.)7t--
2005-2623
TR0023
IDI iI
010(4
HOUSE OF REPRESENTATIVES
WASHINGTON, D.C. 20515
MARK E. UDALL
2ND DISTRICT,COLORADO
September 19, 2005
The Honorable Weld County Commissioners
915 Tenth Street
P. 0. Box 758
Greeley, CO 80632
Dear Commissioners:
I was having such a great day until I received a copy of your resolution
opposing my legislation to establish a process for resolving so-called"RS
2477"road claims. Doggone it, the day got worse when my staff explained
that your arguments made great sense in terms of the historical process that
Weld County has had on this difficult issue. So, I am writing to let you
know I heard you loud and clear.
I have been trying to thread the needle on this issue in a way that respects
local governments and still resolves a glaring deficiency in the federal law.
What I have learned is that some counties are just opposed to federal
legislation, period—while the majority is supportive of some process, but
the devil is in the details. My staff and I have been wrestling with this devil
for the last two years. So far, the devil is winning.
The recent 10th Circuit Court decision also changed the landscape on this
issue. So, the long and short of this message is to let you know that i am
still committed to working on a federal bill that not only solves the problem,
but protects resources and respects private property and local concerns.
B k to square one—hopefully with your input and assistance.
W regards,
UPCCQIL
Mark E. Udall
1 oa--23
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