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Home My WebLink About18930006.tiff a •. 100/380 Co . Rd . 29 8/14/1893 Petition to open private road : Commencing NE corner N4 of SEC 17 T 7 R 66 ; South 1 mile . Viewers appointed . 10/2/1893 Petition protesting private road . 10/7/1893 Augument filed for petitioner . 10/10/1893 Viewers report received ; road denied . 10/20/1893 Quit Clain Deed for R/W as follows : 100/380 Entire West side Sec 17 T 7 R 66 : 100/388 S . H . 14 Entire North side Sec 17 T 7 R 66 : 100/380 Entire East side Sec 17 T 7 R 66 : Grantor : Colorado Development Co . Recorded in Book 114 page 81 / • I • III ° ° s;USEa I ° o II 6 s. • � 7. 3• a • Y P • •1i.T • in° r O .Or • 1 T 1 \ 12 7 C. • • • • ≤ 10 l • AULT& 111111 1 I • a • ° POP 199 Si o T • feS I 91 o; spa u° I• 1. i •• ti • o : * I �•O O. • . . to •O 1 •oo.O I 0 e•, ( : I • 1J o'-oa 1• C 1 17 I6 ° 11S • 1• o • • 3 o•I • o I••1: O. . • • •� •O • •O ® a ° Sc7 •Y • .• 14 • • . T0.• . �;° I . •\. ▪ 1{ II 4. • 1 • O O o . ° • 1.22c o d23 \ 2♦ 16 � � 20 , z1 ,• • . • j • t o • not o •• • • • I • on • •• • • I O • • •..� . • Ifr . • ; I e3, • I • ° • • • �• . 25 • 30 • . 29 ° 26 , 7 0 26 1 • • � •o • . i • 4` • ova a• • • o • o • I o v Y o .l •+ 0 • •• v •• �. •o l oo us ••o •i oo 0• o •° D0 ` • v I °• • . • G "EAT • . (WESTERN • ••1 x raTiS RAILWAY I CO 2 1) t � J �-(/ 1893-0006 LPOP _ 1rx ;1URR1 I j ' .TES " 1 S - . li' 194.-QIIIT-CLAIM DICED.—Colorado.—..*n ar r'wen• Printer. and r«yar.fo aeatw..',on,m.-22728-s2 This �- -_ - -- h I. his gl.Q, ff, Made this- __ _-- —------play of p(� !'- /� in the e year of our Lord One Thousand Eight Hundred and Ninety between__s -C/e-�s—n-r�¢�a �i -U��6e"/^u� k p "�-4J ci�t Lw!vl� fig -Gl-c�• +'�ll ay 7e 2'--�r�-- - -�-t Q� �t roc'`"U�'c=9J �i'aL a 7rc«*� O -/_ of the County of coe!d�d-dr-��"' and State of Colorado, of the first part, and 6' '` .,( ��.. i - and State of Colorado, of the second part IN itnesseth, That the said party/of the fir�rt, for and in consideration of the sum of Dollar/ to the said part of the first part in hand paid by the said part of- the second part, the receipt whereof is hereby confessed and acknowledged, remised, released, sold, conveyed and QUIT-CL IMED, and by these presents doh remise, release, sell, convey and QUIT-CLAIM unto the said part -of the second part, - heirs and assigns forever, all the right, title, interest, claim and t 1%' the which the said parhe first part /h�a,t4n and to the following described situate, lying and being in"the County of - eZele and State of Colorado, to-wit:. tecarte, 7./.40.,..„..e._,se;i46,--enne-Ze__,/ c or—cue's%,, l /c zz . &e- - 6 G-OeZena 5„ ,` _ de azri / c `s! , �9/n ,4-leeer-G- a a --e-en-cLe...G G G /7Y-e/7Y-ea-A ' ag1-1 „,_ 4_,-...-- ,s piece./-e-u-er_f_e___ --et_., -,e-e-e-Ge-r:c., d-c-e-a-jaaffy c / &ei---<» `/ %'l a-e-Z-Z) , a- „- pp O / 4frne4L `� pC LrL c�Z�u 1 .�C rt rl f._ � z ,f d-c e_ G ea_o� tai a a— d.efr,day- 4 •-e?4, egon-re-C._ 7 64:04,.,... ..—-do-,-,----,,..,„„r 7,_,..,c____, i r 1e7 ea- /a4etiee-e., -,4 at...e-gee.- ,e2_1;_t,Z_ ratefrei 4 -24,-,9-2-re-a-20-: • TO HATE AND TO HOLD THE SRME, Together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said part y of the first part, either in law or equit to the only proper e, beer t and, be f tithe said part of the_ seco 4ipar, --_--t. n an d assigns, forever. `( G�f 1tnCSS hereeh The sg' part of the firs part ha .s—4-c-aEa.e ij'?a2�aZeee 4 e-r'-eaten" 'sl.- .e-t�nsC�.n��/ .4-.<4.l- %r- year first above written. ie`t✓a f i 're 41/e I r 4'free/ ev a��E9owrwy• Ask Signed, Sealed, and Delivered in Presence of __--- - - - .44.434.1i � - - sy Z/2 t Wilt;It �- e/L 0; cm, atte —Q ' '' .717-# -n,c. l 4,— _ t..(,,C73,1`;v = ciX' a7 1/4 STATE OF COLORADO. �' ', • ss. County of I, e rs, 4„.-c , r a 4 ( K c (� in and for said County,in the State aforesaid,do hereby certify that L _'_; . fN tr / Gt____czJ__cr� �\ (a CC. l,./Lp c c.urf c< < a.� f¢n-.�f !t. E.-2Ly'I"al tf_ _ _L1_LQ lu!_`_LtL7.r,.ACo <i (' : f< r' !G_ec ier( :j/ �I1 fo1e -_� personally known tome as the persons whose name_d__t. -_-I subscribed to the annexed Deed,appeared before me this day in person and acknowledged that x_124,/ signed,sealed and delivered the said instrument of writing as /7-1.<4. f and voluntary act,,for t'�ie uses -- - and purposes therein set forth. -, n Given under my hand and 'he'r a«f seal,this ��. Ie 'Z F day of Q R. D. 1893 My commission expires,_ le 1 c/ 'l y 1896 r — — 3 QUIT-CLAIM DEED. -69e4 TO ‘-elfg STATE OF COLORADO, l ss. County of W } _4 I hereby certify that his Deed was filed for record on the____ 0 - day of Sl1_SL D_ fre7Y el. D. 1893, at 2 o'clock 17, M.,in my office, and duly recorded in Book //Y. Page Noo�.,._�f Recorder. Deputy. P1% Fee,$,6/52 , Joky' Hongt, Com Printer..CNIwOe P . ' ROAD VIEWERS REPORT. !i „ 1! To The Honorable Board of County Commissioners of Weld County, Colorado: it GENTLEMEN: -Your viewers, appointed on the /I day of 18/.x- . to view a county road prayed for in a certain petition sented to your SonoraWe body on the above-named day and date, a copy of which has been received by us, viz.: Commencing at* 64,4- 72a-> - G�a.d ee�,�-,- a5 i�. ;zz//e d- - ',Loa ... £i a- 7 , Gam` 6c _ Respectfully sub pthe following pro to-wit: After receiving our$uthor•ity to act, we ZS met at the 3_at the starting point ol�lOs o'clockf osed road, on the '� day of�9��.._.._._._ report, fa.--m„ being the time and pl ice specified in our a poin.tment, and proceeded to view the road prayed for in said petition, as follows: We commenced at the starting point named in said petition, and run t tr.? f.r t -c e-G�L/: 0--?-4- A /7(-4-a ter-,-- 4c , -t r < .._�.. in -tee7 ii�- g.. a- / �i' � iC ' fr-' d A,•y,� j} f.r U}ia.�-c- Lv`t 1I4 Cr..r:< ,?zc<f.'._ . l(;lY Ft_ 42444 c cur L./ —' CG .<f ' l, C( ct. G..c r. = e_- "a' 1 i <' < <ii i /ri - CC•, � ... 7,---,,, /- i r( L l 4 �/Zr -.. �`r r��_�C q..p LQ /ft C�.L.4.•to- -♦ r(-1-4--C/ • r e F ..G. - / t'Let" C r- r' r C .^. (h E '9'''' a e '-<-4"1" rr //LRY / ,Cl//7'R:yea yt- r �/ v e .'. r r-r...-t-y.p �• � i. r . ^ C.�,''L.!iri l ! tiCCt-tti✓ /. G1"7'�i ri. : G; ( v� � , Seri— / lj2.cz LC/ tt trG j y /�ice_,Qlif �--- uril ri--t!‘ itdCG LG./ C5- i� .t--e_e re i /( r e(`rC ^i t2 iii de l ' ° yi, c t t-t tie c.d -i rt. u ( G_c,C. /711.:tt� ",a e11.E-c. A. ' 44 C.� �C�c-t.c-.v- 64,--47-11-1 l2-14.•---, )<--I-e; C , e_ l�.. nl-1�L.-.e.-.L�.... ltt ' . �.,..a.. , 9�jj 7 r ^ //'LOC G"/V JGG•ti'.C'. y/- / one-el , c '/ fi tlN- L- /y/, �f•�...,/. Q.r'T e,�t{ c..-�i /'L liS�.. 06) r' C C�t�,e --- .i le' l i rz GC.,C G`Zy rt.Pd _..t.-- ate.-/Z6.... ti 4,:-./...;.<#1 4,Q....... '�Deeoeiption of Road ae prayed for. 6— oe of tDeeeription of the viewing. The st named point being the terminus.thereof, and the road as above laid out and viewed can r the mostpracjicable route which we in our`;judgment can, jY We found it necessary to make the following chances in the proposed route arrayed for, v' :* If 1 x We have caused to be surveyed and platted, and have herein embodied a plat of said road as viewed by us, and which forms a part of this report, as shown by the following map: fi E 4 5 2 • 7 9 - 9 U it 12 i u.__'.__ . - _1B 1$ 14 18 ✓ g �) 20 2L 23 2,4 3) 2B 2Q 27 26 25 31 82 38 84 95 56 a HtNe PHansa,Nadia:Maohotyping.Rewavingoaa Moak Book Heufaaeztng flea,O,ashs Nob. We have taken into account all the damages and benefits to land owners arising from the laying out of'said road, and, report in tabular form, as follows: Deonptiou of Land Damages Da:8e otr to amw'e or Name of No.a'a, or value of residue of i 'd Value of the dm 1n Land Owner Part or width of strip taken Subdivision Sec. T'p R'nge taken land taken and other benefit. eie's of property benefits O7f4 0t-- .3o#i c� „5,, r /27 66 // �` 2J /,/ , /, /8. /461.--.° .tea`. 8�l`� re\ riS i i a i • We have taken the following Government lands, viz• We have taken the following Railroad Grant lands, viz: We ve marke out the line_of-said road as located by its by turning a furrow on ea side o • propose Toad. eff e estimate the probable cost of opening said road to travel to be $..1� -� Which viewing we have completed this .._ f k VIEWERS. az e .—r: "State the changes,if any;if no changes have been made,erase this sentence. /cc' 3 5 (/ t Space for remarks. / On ^ aaguy Alnn;ae;oa A;aadoad em m;Seae eq;alas try' ¢e've ' ..y`�' .-f,-u" "'•'g""'; umo Wit;nq pan;a;sna eZamsp eq;peeoxo 9 p m"A Lawnyon 63aedoad[IB 30 imps lenlaB pun ins on mes'a's!tags easuao 10 lasso eqq sofa 1111 In en;'zenemoq'papnozd:muumuu;pmoupap eq Lew'6m 3{'egpeueq en to enters em'¢any Almelo";eqs mum zone;oaaegq Ind Sue zo'6yaedoad S•gnmp[o 30 : summed Ingo el peaoie"oao uenewnp Sapswpee ux n pun peso mestuddB mu ems es; 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WELD COUNTY, COLORADO. ately IV- Ca-ait IC-4r° 'C'..)-e ::c\fi., te,Q/ y4v.,twAyx Q; Ci.044, V'‘,i.wW1C", wTl.tieTY vtgiiv, W.CCULL YlCaCe \)04G 'W)i CA get) icv w s owX o,tVAQ t-6 )"?ticy1ced t•V c 4 ' cool kLctic a,cse> .ti.LA, w> aceotidawee w.1)C . 0114 VIdcti 4 '&. d 4 (4.aw Jwt c2 ocw „,,c4c,,„4.,> 4 U31,4 c?, m., wade ak cbti pr. ,f.-/F— V t a, 1tssiaV1.. -.giow wctko yveasc attew& Vv VON4 a]v owcerya., "\7'," ties Y CsAV.U.vt, ' e cpifimtf�[. Clerk of Board, 13t a-in�Ve-e/ ¢-z- Deputy. I lercby ; . ' i'i JVC 11: a lea v..J - i�• L iii rj� BEFORE THE BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO. In the Matter of the Petition of J. B. Weber, + For a Private Wagon Road, Running Through + BRIEF AND ARGUMENT the Center of Section Seventeen, Township + FOR PETITIONER. Seven, North Range Sixty-six West. + This is a proceeding instituted for the purpose of laying out a private wagon road. The statute which provides for the laying out of such a road, reads as follows: Mills An. State. Sec . 5948. "The manner of laying out any private wagon road from the dwelling 'of any person, to any public road, and of condemning the lands necessary 'therefor, shall be the same as hereinbefore provided, (meaning of course, 'as hereinbefore provided for the condemning of a public road) , excepting •that the viewers of the same shall only receive compensation for one day's "service a mile to and from their respective places of residences , and the "petitioner in such case, need to be signed only by such person, and the 'expense of viewing and surveying such road, and the damages which may "accrue tr, any person, by reason of laying out the same, and the expense "of opening such road, shall be paid by the petitioner. ' We find that in this matter, that a petition for this "private road' 1 e was duly MAI with your Honorable Board, and signed by fifteen free holders , living within two miles of this road. We find that your Honor- able Board has caused views to be appointed, and that they have reported in accordance with the statute above quoted. The Development Company have filed a protest in this matter setting up in substance, that this sought for road, is a private road, and there- fore your Honorable Board cannot invoke the power of Eminent Domain in regard to the laying out of roads for the purpose of acquiring a right of way through the Development Company' s lands. Mop cre- ---1• --- 7.00, is_ .. J Bk'EOf3:?J SIiF BO'dnll 0� GOt;;.:J1- .OrlUF.iO,,1E..r,r� We contend that this road is not a "private road" , within the meaninx; of the Constitution of this State, which prohibits taking of private property for private use, under the Eminent Domain Law. It is necessary, in view of the foregoing contention, to determine what is a "private road" under our statute , as distinguished from a "pub- lic road* . Sherman vs. Buick, 32 Cal . E. 245. *Private ways" under the common law were for the use of private indi- viduals exclusively, and were created by grant, prescription or arise from *necessity. *Private roads" as distinguished from "private ways" were an "unknown institution under the common law. They are of American origin, "and we must look to the American Statute and American decisions to ascer- "tain what they are---how they are created, and what the respective rights *of the parties are in reference to them. The term "private road* , when 'used in American Statutes, without qualification, has been construed, not "only by use among the people, but judicially by the courts. They have "existed from the earliest period of our colonial History, and so far as *we have been able to discover, the right of each and every citizen to "use them, for the purpose of passing and repassing over them, has never "been challenged by the Courts. We can safely say that no report can be "found in the United States where any man has been successfully prosecuted "for passing over any *private road" , laid out and established, on the "application of any one, in pursuance of an Act of the Legislature . " Sanderson, J. , in the above quoted case, in commenting upon the Statute of California, in reference to the laying out of "private roads" in t''lat state, (which statute is almost, if not , exactly the same as ours, with relation to the laying out of *private roads" ) , says : • • • • "Thus by distinguishing and classifying roads or highways, * by the words , "public" and "private" , and providing different modes for 'their establishment , and supporting and declaring that the latter ones !, "shall be to all intents and purposes , "private roads" for the use of part- lies interested; they give color to the idea that in their judgment they "have the power to create, and are creating a road for "private use's and --2• /OO/3 5'' a18 /y /p ro, i• o„ c'IG GOIX .c4fAn'OU o}, C; 72 UFsFe ak;'T H bz.opipic2 .vpq-L.. o} bL4n2}e n;6 GO;; GLO r_:.^L4 4:;ii72 Loaq 72 uo.c s gbx.insc3 1.os,' a ' likupTU F;.o Uj6EtnIu • 'to make, and are making it the 'private property" of certain persons, to "the exclusion of all others. If you look solely at their language, 'without regard, that the true nature of the only power which they posses- sod in the premises , and an impression that the property of the owner of the land is taken for "private use" is created, or if there is apparent • an express appropriation of it to the use of certain parties "by the exclusion of all others; but , it, is well understood that the "language of the Legislature is to be read in all cases by the light of 'the constitution, with the spirit of which it always supposed, consisting in construing it, it is the duty of the Courts to look upon the true light , 'and to trace out the real result, and not to be guided by those which "the Legislature has mistakenly asstned or declared, and if they be found 'to be consistent with the constitution or within the acknowledged power cf 'the Legislature to uphold the act as to its legitimate result , and to 'discard all else. Thus if the Legislature provides for the laying .out and establishing of a certain class of roads or highways, which from any •cause, whether for the purposes of classification or otherwise, is "deniminated "private" , or as being for the especial benefit of certain "individuals, upon whim the burden of cost and repair is cast, instead of 'the public at large, it by no means follows that such roads become the 'private property or estate of the individuals designated, even if the 'Legislature has so provided in express terms; for where roads are laid out "whether mainly for the accomadation of particular neighborhoods or 'individuals or not, it must be understood as having been provided for the 'use of every one whom may have occasion to travel it, and hence as being 'public. In other words the Legislature has not power to lay out and "establish "private roads* , in the sense that they are to be "private 'property" , of particular individuals , or that they are what are denomina- "ted, 'private ways" at common law, and hence so fars as thet undertake to 'do so, their action is simply null and void; but the road so laid out and 'established, becomes a way over which all may lawfully pass who have "occasion, and therefore public , and the language employed by the Legis- "lature so far as it relates to the legal character of the road---as "pub- "lie' or "private"---must be understood as being used for the purpose of /O/3='5 "distinguishing it from all other roads, or in general terms, for the , . u4i1G GacTJinJou O4;JGL2• U. A011 TOOK 2OTGTA g; cP°TL TsiJLnsLG ' "t0 wJJC6' au ci UL6 UJ TLJ'C Tj .pJJG „bi.it .ca hLObeL;X0 04, CGLF37U beLeoue .co 'purposes of classification. " "whether a given road will subserve the public need or convenience, 'is a question for the Government alone to determine. The courts have 'nothing to do with it. Should the Legislature be of the opinion that "the general welfare and prosperity of the people would be promotted by "the construction of a system of reads which would open a pathway from 'every man' s house to the main arteelss -of° travie, and the marts of trade "and commerce, there is nothing to prevent them from providing that such "roads may be opened. That the Legislature of this State have so provided "as apparent from the legislation under review. In the plan devised by "them, they have for the purposes of classification, divided roads into 'public" and "private' , and provided how they may be laid out and estab- "lished and how maintained. The former are to be laid out and maintained at the expense of the county or road district at large, and are therefore "called 'public" . The latter at the expense of such persons as are more "especially interested in them, and are therefore called, 'private" . But "the latter are as much 'public' as the former, for any one can travel "them who has occasion---and no more' can be' said' of -tile tbrmer.'' whether "a way be public or private, does not depend upon the number of people who "use it , but that every one may lawfully use it who has occasion. 'Roads leading from the main road which runs through the country to 'the residences of farmers or individuals, are of public concern, and are 'under the control of the government. Taking private property for the "purpose of such roads is not a taking for 'private' use. They are open "to every one who may have occasion to use them, and are there fore "pub- 'lie . Their character as 'public" roads is unaffected by the circumstance 'that in view of their situation, they are but little used, and are mainly 'convenient for the use of a few individuals , and such as may have cocas- "ion to visit them socially or on matters of business, nor by the circum- "stance that in view of such conditions the legislature may deem it just 'to open and maintain them at the cost of those imrediately concerned, in- "stead of the public at large. To call them "private roads" is simply a 'legilative misnomer, which does not affect or change their real character. "By-Roads is a better name for them, and one which is less calculated to / 0-VY SC ----4.---- ak- /7 „ ,w 6Fp6L 3 7711.nz: Losq Arl' anpe6Lne FIG bnpT) c zJseq o;. coJJns1JJst ce ' 1 MS „bnt.boeea o; c'Qaell,lasflon. , 'mislead the unitiated.' The foregoing case is the leading case in the United States in de- termining what is the "public” or "private" road, and the conclusions reached in that case areAproved in the case of Johnson, vs. Board of Supervisors, of Clayton Co. , 35, N. N. R. , Page 936; also--- in the case of IIIY Pagels vs. Oaks and others, Page 905, N. W. R; see also, American and English Encyclopedia of Law, Vol. 6, Page 529, $ec. 13, Note 3. By an examination of out' Statute. in relation to the laying out of ii. " /� n "public-, and what are technically known in our Statute as 'privateLt*4{" the Legislature of Colorado has fallen into the same error that the Cali- fornia Court seemed to think their Legislature had fallen.into. The statute of our state, and under which the petition at bar is presented provides •tor ray1ng out what is technieaiiy known known as a "private road" , but the statute by its terms , no where rives , or attempts to wive the exclusive use of such a road to any one individual. We contend that the only difference under our statute between a "public" and 'private' Sad" is that in the case of a 'public" road II the county must pay for the right of way and pay for the cost of the con- 1 e struction and maintaining of same. wherasain the ease of a 'private road" THE individual who petitions for the benefit of a private road under the statute must pay for the expense of opening such a road. Mills An. State. Sec . 5948. I Ire say that in the petition for this road anCinvoking eminent domain law of this state with relation to the laying out of "private roads" , that we are not taking private property for private use, within the meaning of the inhibition of the Constitution of our state. If this e to Mr. rivets road that have petitioned for under the statute would gi ve p n Weber the exclusive right to use this road, as against the public, then we would be taking private property for private use, and therefore the con- il tent ion of the respondents would be well taken. But we say, that in the /ey 3c;—c' a ti light of all the decisions, we can find, t under statutes similar to ours , the road that we ask to be laid out is not a private road for our exclusive use, but a road that the public has a right to use, and there- fore is a public road, ten his road when laid out under our statute is free, and given to all the citizens of Colorado, if they desire to use same , that matter whether it is or is not of great length, or whether it leads to or from a city, village, or hamlet , or whether it is much or little used. If the public has a right to use it it is a public road. By an examination of our statute in relation to the "private road" the manner of condemning the right of way is exactly the same as condemning the right of way for the public road, except only one petitioner is necessary, and that the party who petitions for the road must pay for the •opening of the road. " Under that statute when the road has been opened up, it would then be the duty of Veld countytto maintain this road. It would be a road that would be under the supervision and control of the auth- orities of this county---therefore a "public road" . The roads established by Legislative authority are 'public roads" insofar as the right of the citizen to travel them is concerned, and prSsumptabl roads laid out under Legislative Enactments are public roads, d ull Elliot on roads and streets, Page 6, citing the leading cases which would have quoted Sherman vs. Buick, 051 Cal. 241. tl. c.uac .,itcd. "A� "" e desire to say to the Honorable Board of County Commissionershat 4-the AA4flt held before your Honorable Bod5f�' as counsel for Mr. Weber, I argued the case briefly on the assumption that the "private road' under our statute was synonymous with the. term, "private way' at common law, and therefore it would only be possible to establish the road under considera- �4 Svw., �,,4.,1..,.,i u.e twa cP�,nnra 1/ tion and�oke the power of nai#ng, except byAabsolute necessity. After a more careful study of the statute of this state and of similar states, I have come to the firm conclusion that the "private roads" OM as uses in our statute , is not a synonymous term wit'ri "private wad!" . - alle_et r--nnnnn 1,,w, end when the power of Eminent Domain is invoked, to lay out such a private road---it is not within the inhibition our Constitut on, forbidding the taking of private property for private use, as stated in the California and Iowa cases quoted from -laerei-s, the "pri- vate road" as designated by our statute , is simply a classification by our Legislatur�ffoor the sole and only purpose In ttir Sidle of determining for (�U��,,��,, +�art nthe opening of such road. Our statute no where attempts, and by a pro- ceeding under such statute a person cannot obtain what is known at common law, a private , which would give him an exclusive right as against cl ii the public. Priv to way is founded upon a grant , prescription, or abesolute necessity. We have seen in c?.ses herein cited that a private road under the meaning of our statute , and under the meaning of the American statute, similar to ours, is not founded upon a grant , or upon a prescription or upon necessity, but upon the broad ground of Legislative authority, and the broad ground of Eminent domain that is delegated to the different states to lay out "public roads" . The fact that a road is called a private road with us , does not make it a "private road". There s must be something in the proce - dings that would give an exclusive private way as against every one else in regard to bringing it within the inhibi- tion of taking private property for private use. (1. ) The road here sought in strictly within the statute for the establishment of a "private road" in Colorado. (2. ) Under the statute we are not/Is/undertaking to take the property of the Development Company' s for our own private use. We are invoking the aid of the Statute , that when carried into affect will open a road that the "public" has a right to travel, and there fore not isba "private road" . Respectfully Submitted, C a /p*e/.g rti aS'/f — Il ca N , H w a Fri O O q k0 q H ' 1 U rl O of ro 0 E >+ U II E • ' 1 E .N N N ^ i W i I 5 b a) of 43 • a a I o I a i. FT, O CD A 4a 2; I Fes. I v a ' O U O ^ E a r1 O Zn a3 I o a ti to I a aa) o 4-) A+ •r+ ^ ca ,.; }. • f i I�Yr ai R P. IX? E+ ^ I ,7_, 2 m 3 a a I a) a P:10 ^ o Jo I a: fr, 'O u W FL+ O of H ire c i' • o 4-i j a r !rerat . .. . -- w. e State of Colorado ) ( ss . County of '.-`e l d ) BEFORE THE HONORABLE, THE BOARD OF COUNTY COM- MISSIONERS OF WELD COUNTY, COLORADO. ) In the Matter of Petition for ) Brief on Legal Points ' ) Private Road through Section 17, ) pertaining to Protest Township 7 North, Range 66 West . ) of The Colorado De- ) ) velopment Company. i "That private property shall not be taken for private use unless by consent of the owner, except for private ways of necessity, etc. " Sec. 14 Art. IIL Constitution of Colo. A way of necessity does not exist when any other feas- ible way can be provided unless the expense of the way which the land owner is willing to concede is vastly } greater than is reasonable. Smith vs. Griffin, 14th Colo. 431-2. A statute authorizing the establishing of a private way over the land of another against hds will unless it is a way of absolute nece:;sity is unconstitutional an void. Nessbitt vs. Trumbo, 39th Ills. 110. Crear vs. Crossly, 40th Ills. 175. The petition in this matter purports to be a petition for a private wagon road and it is not signed by the person for whose use it is sought to be opened and it therefore does not comply with the statute. i Mill:'-s Ann. Stats. Sec. 3948. Respectfully submitted, �fu Gee -q o- -4/4/c. -e"al By, a, '114-7 , Its Attorney. 1: ..t. a1_/� a j.�{�M h.,�. ,r,p, _,�,,_I._, 7 {., j::. .�t l r^i ce ..2 i }' t ' �,f t 4 ° „4 , K �p �.ly'�.+1, 7 s-grin. 4 3r9'y ;`+; +i5 'S'.- ,F X14 �„ ' r :i 'x• �� t�`r�,'�c?"'"e g , . 1 ,.�;:: -t{ � �r y ` " � 'j i/Y'i+r�a;; . �4.� J'W t �,�". +��. .°A` N „ L #• � �• t1.-' "..1 r;~:tk, '. `4 '- ijlN, 21". + 9 j 2C: 'M1, ilr ,1i. .r.4 l'•: �.� 7 ) ` d'xh',fKwK )R`! y �IRfa' i ,f. is r ...� r` Ki ,� E - + RD Y '{.w n ti } t�}� i''_'� 0, 4C •A. e e -A ♦'30'y. �, f. ,. , h -1 ayt i&‘-r,:41- `'.uk1 F �, .': a 4'' ii r4'�" k r !:4 3 �., ! 1 'Y''.47.;' d 3 iM.. ?+ :,,,\,;,;iZ u r ; �- R,,r 1 r M i N .. 2'417.44 %,,,,,./.`7 , i. .'s.�;;;> �: d ��r. k �, '�r je. w;, ;01:0-'1--' i� ' '�i,l. � �r S`!' '� r ,. �'�, ,y. > S� sa',1 .:4 Y fir. �Y i :"+"i. t a 4 r� .y ' _ v i 'F �4 � � 1Sars t raf 7,?�sx d �, � 'y ti k �. �`*. ,1,14. S� ':'��"�, ': n b�i � � .� 'F�#a� � n t� ti1 4 ... 1a a'Lliif�(a d yr i; a ^. t y#n 47 . Z' ! ] i�A S A>e k� J M'i' +, � w j,. t.!�h.r ar,3T4`IZN�;.:'qf ki'" 7:f 4} s M: rs'' .r � z 44. a a;�Y,'ri1'ti•e°v 1�'7`" i �;� '�> ,, Ap:� F ��'` � h � ,lC' {(.7: _ '�J Irw t �6 > ypis .1., r f d �';«�''. i 7SF� 1ryR ₹°T'L J 'rye lnK .s• �� jts,-4.,, ti .t i 1 + ppr�el m `Z'{47,Z.'`ti t. 'r F°( �y ' " 'lPi i �'3 i1'4 tg�,' S e.t}_7 . ..Se. y.�..l a .. 3, d:,: t. lIL... :I.fEK �M,k ri 'sh'l��!'+."y.'�'!rli.. .. v:r ,i �'��:...,.1-1.V31.,... ks t,.r -. 'k' �', '� Tr`��ii"'�t:��'A"'P � Si.IllIar- wimp VIP N + r-I W i II I:. a :. II C C.> >, O E-. .. rya .M li tDiii +' p. at Cil H II .-+ a)0 O I{ r+ O O +� • i� I7w+ {iO 0 �i ognw0 ::IIII i, 1_000A 4) .� t0i1O +� +.Z 0 4.' U Cy - 1! ri Q� j -:•::•:i O O to G4 ii 0. r It c3 +3 ai S. W !x0 II o u :� o e.. `) a, li O _`` +-, .I r-1 cl- O I c qA v a it ., . r-1c E' 0. 1 o II Z o Qf I t.,7 :r Qi w �I 'CS is 0 r. r4 OM ti 4- II CI r� ;i a) iu W0 II a {i -ri •r+ G i .- ':� •,• ›- +) • II +"' > 1 a•3 d hA • ii -r 1 f, f'-'1I ;Z I �, O It f• O ii w t l{ P.C.) {''-- J/ 1 C k'. 7�t State of Colorado ) + ss . County of Weld BEFORE THE HONORABLE, THE BOARD OF COUNTY COM- I1 MISSIONEES OF WELD COUNTY, COLORADO. H f - + In the matter of Petition for + Protest and Objection + Private Road through Section 17, + by The Colorado Develop- + Township 7 North, Range 66 West . + ment Company. TO THE. HONORABLE, THE BOARD OF COUNTY COMMISSIONERS OF !IrELD COUNTY, COLOR .DO: The undersigned, The Colorado Develop- ment Company by H. N. Haynes, itsattorney comes and respect- fully objects and protests against" the"opening of a private wagon road on the center line of SectiOn 17, Township 7, North, Range 66 West, in Weld county, Colorado, and to the petition filed for said private wagon road and to the road viewers ' report concerning the same, and further respectfully objects and protests against the opening of any private road or public road to intersect said section; And your said protestant avers that the legal title to said section 17 is in the Union Pacific Railway Company and the trustees thereof for the benefit of its mortgage bonds, but that on the 9th day of August, 1886, said Union Pacific Railway Company by its duly authorized 'officer entered into an agreement in writing on the usual blank form used by said company for the sale of its lands, whereby it agreed '• g z i A.a a1 S ei a chi-0..t �� F. �_ u _ >.. ,d Ari1L. . � .x _ x".9•:,u....d i. Rr.. ,n �wsi4�l QWp OR -2- to sell the while of said section to F. C. Avery and W. H. Avery of Fort Collins, Larimer county, Colorado, for a price to be paid in yearly payments, the last payment maturing on the 9th day of August, 1895, and said company agreed that upon the completion of said payments, the said land shall be conveyed by good and sufficient deed to the said F. C. Avery and V/. H. Avery, or their assigns; that subsequently and on the 22nd day of October, 1892, said contract was duly and regularly assigned to The Colorado Development Company, your protestant, a Colorado corporation, duly organized, and that your protestantts in equity the owner in f ,e simple of said section, subject only to the li8h of said Railway Company for the unpaid portion of the purchase price thereof; that it is not true as stated in the road viewers ' report that H. L. Rogers is the owner of the it East one-half of said Section; that said H. L. Rogers is a mere tenant of your petitionA from year to year and has no right of ownership to said land or any part thereof; that your protestant has fenced said land and is about to cultivate or farm the whole of said section and is the only person or body corporate interested therein. And said protestant avers as grounds of its said objec- tion against said proposed road: 1st. That said proposed road is not a public road as shown by said petition, but the opening thereof is sought I as a private wagon road for one J. B. Weber and said J. B. weber has not signed said petition as required by law. 2nd. Said private wagon road is not a private way of necessity, provided for in Section 14, Article II of the 3 Constitution of Colorado, where.'ore protestant avers that this Honorable Board has no constitutionality right to interfere with its private property in said• section. R ih�x p 3 12:: G k„ Y3» E p. OM 3rd. An easy and convenient means for said J. B. Weber and any and all persons residing at his house on Section 8, north of said section 17, to enable ' hem to get to the public road running east and west between sections 17 and 20 of said township and for miles on each side is to follow b,"^(.4n the section line from the quarter corner on the north of jsaid section 17 to the north-east corner thereof and t`ien on the east of said section 17 to the south-east corner they - of; that the only expense necessary to locate a road for Mme, b4e private^r public on the section lin s mentioned, would ii be the construction of two bridges across The Larimer County Ditch, one a bridge on the north line of said section] 17 about twenty feet long and another bridge on the east line of said section 17 about thirty feet long; that the expense of constructing said bridges will be much less than the compensation sought to be awarded bet the proposed road ji by the viewers as shown by their report. 4th. That your protestant in fencing its said section has located its fence on the north line thereof thirty feet south of the section line and on the east line thereof thirty feet west of the section line to the end that public or private road or roadec., could be loeated on the section lines; that considerable travel has already taken place, both on the east line of said section and on the north line thereof and on the strips so left unfenced by your protestant. 5th. It is not true as stated in said road viewers' report that no bridging will be necessary on the proposed line of road, and on the contrary, the truth is, that on the proposed line of road/. stated in said petition a deep gully or ravine exists which would require a bridge from • r t n .�...„ - so — — :: T seventy-five to one hundred feet in length, said gully or ravine being commonly known as Coal Bank Draw and the cost Yif said bridge alone will be greater than the cost of the two bridges necessary to utilize the proposed line of road suggested by your protestant on the north and east boundary lines of said Becton `" ! II 6th. Your protestant he eby offers to donate a strip of land thirty feet wide on the north lin, of said section and thirty feet wide on the east side of said section for the purposes of a permanent road and consents that said strip thirty feet wide may be used as a private road by said Weber, which is amply wide for private road purposes. 7th. That the pretended petition filed in this matter is not signed by ten freeholders who reside within -ben- miles thereof, so that it is totally inadequate as a petition for a public road which it does not purport to he; that in fact there are not ten freeholders who reside within on miles of said proposed road and none of the petitioners . A St U) are persons who would have any occasion to travel the-sa-me_ I road . 8th. That the proposed road mentioned in said petition and in said viewers ' report while no more convenient and much more expensiveto said Weber than the road on section lines indicated by protestant will cause protestant very great inconvenience and hardship in the management of its said section in farming the same to the best advantage, + will require the construction of an additional line of r . fence for the whole length of said section to prevent the trespasses of cattle and horses and will very seriously impair the value of said section to your protestant and the damages thus to be occasioned to your protestant 's said ,y, -, c Vi'; ' ' r i ei I, , IL' ,.$ ,, i, ,, tl ,, ! .� '. e sci , 5 _ i'�i3 t i i n� r b'�i z r ar", 1 d��1',1I"tn s i�xt',�?1,.4,; � �i�� PI �P S li 7 i' � � v ° I I x � 4'r! 79y 4§' ggg� r � n i 3 lipi �; r' Ri ' 9 a 9IfliG I,fi, y„ tl r a �t 4 '� !! a If i x i `S iI wq 1 r t ! i diwr I l lr a !il 1 ''''"5 . ' v '' s 555 dd➢➢ .. �. v J II � it l' .i t 1 i n��4 ,p�1�� S �r� � #�iIL§i 3 � Ciri ii Jai '., �,F H�.�, I t S ,?: .\-. 'A'• C: ^1' , .^i .1 .i ^1 741 t'.3 'f f7 01:. :;y r li section will be very much greater than is reported by the road viewers. WHEREFORE protestant respectfully prays that your Honorable Board shall discontinue any further proceedings in the matter of said petition and hereby caused notice to be given that it will resist the opening of said proposed road as without authority of law and against constitutional rights of your protestant',and further prays that the matter of this protest may be set for hearing at some early day, of which notice shall be given to protestant, at which hearing protestant may be permitted to offer evidence and 16 make argument. Respectfully submitted, By, }7(777- 777 Its Attorney. 44 tl E � 4 I 1 1 Alit � s ill , � fDry I IIIly !; we) — ..t-7 N Y • [A 4-, "tea O C 'i .. • N tt 'e-) O II 0 I Q --t—> c0 'I K o y - c t-1 a I c •�� II o i I- v WW 7+ i O C)O Ii -N N y 4.°3> RI E I ••4 C) N is s-, C -;.1 C • Z • I a-0 U: °:.;; : ^ '1 C C) S-, GL' 0 rzi O I. -.-, c II C) E I , o O 0 RI Ii a" .t; cS it •,--3 P. ., Z O Q G) b..2 C.C. II .C O o (/D C4 1 P. . O r-I 'i C X a CC o i o U) w, w o ca a t c I~ .c .�; a 0 I a ,S: V Cr N t\N ,‘,,,.: • ¢ cn I N en z .> q ; �ri i> ?] 0 Cl) '-i i 4> aS i N • a= PC GC H E I a-, 0 N 9 \ :A 2 o z Z I V CC ♦-4 C, .. C' G4 W E n Oa C. O O (" CI 0 0 I , - s, rti 4 w g; o o a. r, , o > Z i -r' '> N S- o ,C II H a, Er. F+ I -_ 4. • • ✓. - No. 232. SOAD PETITION.—Prin✓'".nd for sale by The Republican Publishing Co., Denver,r. ROAD PETITION . TO THE HONORABLE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO : GENTLEMEN- We, th undersigned, Citizen^of your County, respectfully represent that the necessities o i V✓� •////��J� �/�' eaa#�^waaggon road to be laid out as follows, to-wit: Commencing at �/ C_it �/ C2�ca7// C �� '07 �/ , - �_ /2 , 1 , 6 1, -/(Ve.ad ; -- - £ / t ,---7 e-c_--- e- en ;z 7Cre-C-- .0--e' (717-7/ r et 6-47 --/e1- 1 ( , z i' 1v1. I � /, ? P Said road to be n.nt,_7� ty al) feet in width. t-L We therefore p tition your honorable body to cause to be laid out and opened a Grtasextv road as above described, and we, the owners of the land through which said road is sought to be laid out, in conside 'on o the sum of one dollar to us each and severally in hand paid by the said County of the receipt of which is hereby acknowledged, and of the laying out and opening of said road, hereby agree to give the right of way through our lands as shown by the plat accompanying this petition, and relinquish all claims for damage by reason thereof. The said proposed line of road is more fully shown by the following map or plat, to which reference is herein made, the same being in TOWNSHIP NORTH RANGE 6 WEST 36 31 32 33 34 35 36 31 1 6 5 4 3 2 1 6 7 8 9 10 11 12 7 -a 13 18 1 7 16 15 14 13 18 • 24 19 20 21 22 23 24 19 25 30 29 28 27 26 25 30 36 31 32 33 34 35 36 31 1 6 5 4 3 2 1. 1" .qs witness our signatures hereunto annexed,and followed by a description of our land this. day of. 18 SIGNATURES. PROPERTY OWNED. " �BasurvnnOr. SEC. Tr. RANGE. n ,--=-/2i wt "C / % :l! ''� 4 /__*„4,/, ePt-h-cif, (" 7 w z©� r c -ra _, 2Z Pp- ,,,i22 24 ///VVV}}}j d 4r-- �� a 2 ce 4 a O", • ;......teps Let 1 gc:::; J 02- tir :fie? (f rice-) di, i y )G 7 F p r { 1627 - '-P Hwy �^ /1 2 6f -- 2o r'-1f/ Div A'(' I ,M / re ; ,l � I I 1 I I' • i 4 I � /fiO/3D . ,na..,. "a^ *�. ��.'.-,T s...,..xs-._eT+�rrnN+'-r'x�- .s:,nss:rt:!Yd'T' M611. i^''$ ,i.%' .+ .4 a,t WWrn nw'n"s-r--: aru m..,._.. ► - f>tr.c+4��+;F`p''. - •i , \, • , ,,, ,b., L . h\. . „, \l dk, ., 5 .f:.r. .j.-.°4 .a. . •m,004te_:,r.w. t :omyeiwr4S} e;q,• w!9. >k *— w_:: :"� .-'W VI*- 0!..',it. *ism. •1ir,:.#.',,, f- p. ... aJ�ire to C f�� ii a0 v F., Q� '1-0 , O ti •y. I �A 7 V E -1 °n m e y b9' v h r\ a " � RI O G �� ..l 3 `.. , I. •_ `' I ts 7'` 2 y « .,, C of �Y , i OO : t ' u .,„ig O '� v m o v4 V el Ill tfl tiP rt 'v ��011 ,.�^; -V, ms, �" .,i'tE.-. i :C, Pz 3 O ti 0 N.'CI � Hello