Chapter 32 - § 32.1 • INTRODUCTION

• Jurisdiction: Colorado

§ 32.1 • INTRODUCTION

As used in this chapter, the term "public road" includes public streets and highways.¹ Title to the streets of a city is in the municipality in trust for the use of the public.² A highway includes, but is not necessarily limited to, a route for the travelling public from one point to another.³ A footpath may be a public road if certain requirements are met.⁴

The burden of showing the existence of a public road is upon the person so asserting.⁵ Once a road is established as a public road, it may be used for all purposes allowed to the public under the law of the state.⁶ Improvement and maintenance by the government is not required for a road to retain its status as a public road.⁷ The use of a road for mining and access is no less legitimate than its use as a thoroughfare between cities; unpatented mining claims are entitled to access.⁸

A road may be a public highway though it reaches but one property owner; he or she has a right of access to other roads and the public has a right of access to him or her. The character of a road is not determined by the fact that just a few persons use it.⁹

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Notes:

^[1] A railroad right-of-way is not a "public right-of-way" under the exception to the municipal annexation statute found in C.R.S. § 31-106(1.1)(a)(I). Sinclair Mktg., Inc. v. City of Commerce City, 226 P.3d 1239 (Colo. App. 2009).

^[2] Haskell v. Denver Tramway Co., 46 P. 121 (Colo. 1896); City of Colorado Springs v. Weiher, 129 P.2d 988 (Colo. 1942).

^[3] Heath v. Parker, 30 P.3d 746 (Colo. App. 2000).

^[4] Simon v. Pettit, 687 P.2d 1299 (Colo. 1984); McIntyre v. Bd. of County Comm'rs, Gunnison County, 86 P.3d 402 (Colo. 2004). See Hale v. Sullivan, 362 P.2d 402 (Colo. 1961) (airport runways are public roads under Colo. Const. art. XI, § 6). But see Barker v. Bd. of County Comm'rs, 49 F. Supp. 2d 1203 (D. Colo. 1999) (footpaths do not constitute "roads" or "highways").

^[5] Dingwall v. County Comm'rs Weld County, 36 P. 148 (Colo. 1894); Korf v. Itten, 169 P. 148 (Colo. 1917).

^[6] Lovvorn v. Salisbury, 701 P.2d 142 (Colo. App. 1985); Heath v. Parker, 30 P.3d 746 (Colo. App. 2000).

^[7] Turnbaugh v. Chapman, 68 P.3d 570 (Colo. App. 2003). See Leach v. Manhart, 77 P.2d 652 (Colo. 1938); Uhl v. McEndaffer, 225 P.2d 839 (Colo. 1950).

^[8] Heath v. Parker, 30 P.3d 746 (Colo. App. 2000).

^[9] Nicolas v. Grassle, 267 P. 196 (Colo. 1928).