HomeMy WebLinkAbout760558.tiff r-,
OFFICE OF COUNTY ATTORNEY
/111 , > / SAMUEL T. ORNEY
COUNTY ATTORNEY
TELEPHONE 356-8100
PHONE (303)36l4B89
220 FIRST NATIONAL BANK BUILDING
CGREELEY,COLORADO 80631
O July 12, 1976
COLORADO
Mr. Glenn K. Billings, Chairman
Board of County Commissioners
Weld County Centennial Center
Greeley, Colorado 80631
Dear Mr. Billings:
I have your inquiry asking my opinion on the following question:
"May a public highway in Colorado be fenced off and locked, thus closing
public access to public lands?"
The answer is, NO, except under certain conditions.
My opinion is based from a review of 43-2-201, et seq. , C. R. S. 1973,
as amended, and which provides as follows:
43-2-201. 1 CLOSURE OF PUBLIC HIGHWAYS EXTENDING TO PUBLIC
LANDS, provides "Any person, other than a governing body of a municipality
or county who intentionally blocks, obstructs, or closes any public
highway which extends to any public land without good cause
therefor, commits a class 3 misdemeanor and shall be punished It
pursuant to law.
Section 43-2-201 (4) (a) provides that, " any owner of private land
may post notice of intent to close a road crossing such land if such
road has been abandoned. Said owner shall promptly notify the Board of
County Commissioners of the county in which such road is located of such
proposed closure. The Board of County Commissioners so notified shall
publish notice of such proposed closure in a newspaper of general circulation
in such county within sixty days after receipt of notice from said owner and
shall post notice of such proposed closure at each end of the road described
in the notice. If the Board of County Commissioners receives no objection
to such proposed closure within eighteen months after such publication, the
road described in such notice shall be closed to public access. "
Sections (4) (b) provides, "If the board receives objection to such pro-
posed closure, it shall schedule a public hearing concerning the proposed
WELD COUNTY COMMISSIONERS
760558 HARRY S.ASHLEY
/-r GLENN K. BILLINGS
(t,1% (.-/,,]..L'1 i-I ( /7/ ROY MOSER
Mr. Glenn K. Billings
July 12, 1976
Page 2
closure and shall publish notice of said hearing in a newspaper of general
circulation in such county at least ten days prior to said hearing. At said
hearing the board shall hear objections to the proposed closure and shall
decide, within thirty days of the hearing, whether the road described in the
notice shall be closed to public access. "
This statute, however, does not mean that a public highway leading
to private lands, after vacation and abandonment by the proper authorities,
may not be closed to public access by an interested landowner.
I trust that I have satisfactorily answered your inquiry.
Respect s milted,
amuel S. Telep
Special Legal Counsel
SST/jib
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