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SAMUEL S. TELEP
ATTORNEY AND COUNSELOR AT LAW
FIRST NATIONAL BANK BUILDING
OREELEY, COLORADO
TELEPHONE EL 2-5132
January 25, 1963
Mr. Joseph N. Montano
Assistant Attorney General
Department of Highways
4201 Sast Arkansas
Denver 22, Colorado
Dear Joe:
Confirming conversation had with you the other day,
and in line with our mutual opinion with regard to
County roads on section lines in Weld County, please be
advised that investigation and research reveals that on
October 12, 1889 the then Weld County Board of County
Commissioners passed a resolution establishing County
roads along all County section lines a distance of 30'
on each side; however, prior to 1953, the County
Commissioners could, under statutory authority and upon
petition of interested parties, pass a resolution
establishing County roads 30' on each side of the section
lines without having to pay any compensation to the
property owners. .!hen the Colorado Code was revised
in 195?, the particular section giving the County
Commissioners such authority was not included. Thus,
since 1953 the County Commissioners have had to rely
upon the aforementioned resolution of 1889 as their
authority to establish County roads upon petition of
interested parties.
It is my opinion that this blanket resolution of
1889, a copy of which you have in your possession and
which was passed before the 1953 Code revision, clearly
gives this power and authority to the Board. The
Colorado Cupreme Court in Uhl vs. Mc ndeffer, 123 Colorado
69, upheld the authority of the County Commissioners to
establish County roads along section lines under ti -1
0 Y
630197
Mr. Joseph N. Montano January 25, 1963
Assistant Attorney General Page 2
aforementioned blanket resolution, and this same question
was upheld by the Supreme Court in a sutsequent case,
Crane vs. Beck, 133 Colorado 325.
I trust that with this information the State Highway
Department, the Corps of Jnrineers of the Department of
the Army and the Weld County Board of County Commissioners
can work harmoniously in effecting and establishing any
County road or roads along section lines in Weld County
that may be necessary.
Sincere,
owduel S. Telep
Attorney at Law
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