Chapter 32 - § 32.3 • TERMINATION OF PUBLIC ROADS
| Jurisdiction | Colorado |
Once a road is established as a public road, its status as a public road continues until vacation or abandonment.51 Vacation and abandonment are not synonymous.52
§ 32.3.1—Vacation of Public Roads
In General
A platted or deeded public road or part thereof, or unplatted or undefined public road which exists by right of usage may not be vacated so as to leave any land adjoining the public road without an established public road or private-access easement connecting the land with another established public road.53 If a roadway is vacated, the documents vacating the road, including but not limited to any resolution, ordinance, deed, conveyance document, plat, or survey, must be recorded in the office of the clerk and recorder of the county in which the road is located.54
Procedure
Vacating a roadway is a legislative act; it is not subject to Rule 106 review. Therefore, it is final on enactment; it cannot be rescinded if the rights of third parties have vested; a subsequent resolution purporting to rescind the earlier vacation has no effect on the title which vested as a result of the vacation.55 A public road which has been vacated or abandoned can be re-established only by the same methods as are necessary to create a public road in the first instance.56
Vacation of public road by municipality: All right, title, or interest of an incorporated town or city in and to any road is divested upon vacation by any of the following methods:57
• The city council or other similar authority of a city or town by ordinance may vacate any roadway or any part thereof located within the corporate limits of the city of town, subject to the provisions of the charter of the municipal corporation and the constitution and statutes of the state of Colorado.58 If a roadway has been established as a municipal street at any time, the street may not be vacated by any method other than an ordinance approved by the governing body of the municipality.59 This provision does not apply to a roadway that has been established but has not been used after such establishment.60
• If the roadway constitutes the boundary line of a city or town, it may be vacated only by joint action of the board of county commissioners of the county and the duly constituted authority of the city or town.61
De-annexation does not, without more, vacate the roads in the de-annexed area but merely transfers control to the county.62
Vacation of public road by county: All right, title, or interest of a county in and to any roadway is divested upon vacation by any of the following methods:63
• The board of county commissioners of any county may vacate any roadway or any part thereof located entirely within the county if the roadway is not within the limits of any city or town.64 (This provision does not vest the board of county commissioners with the authority to declare, in support of a vacation resolution, that a road has become public by adverse use; it merely gives commissioners the authority to relinquish any claims the public may have in a road.65 ) If a roadway has been established at a county road at any time, the roadway may not be vacated by any method other than a resolution approved by the board of county commissioners of the county at a meeting ten days' notice of which has been provided to landowners owning one acre or more adjacent to the roadway.66 This provision does not apply to a roadway that has been established but has not been used after such establishment.67
• If the roadway constitutes the boundary between two counties, the roadway or any part thereof may be vacated only by the joint action of the board of county commissioners of both counties.68
• If the roadway constitutes the boundary line of a city or town, it may be vacated only by joint action of the board of county commissioners of the county and the duly constituted authority of the city or town.69
• If a road has been used as a public road, or if a vacation would leave any property without an established public road or private access agreement, a county may not vacate the road merely by filing a disclaimer in a Rule 105 proceeding.70
Vacation of public road by the State of Colorado: Subject to constitutional limitations, the power of a state to vacate a public road within its borders is plenary and absolute. This power is delegable to municipal corporations and its exercise is not subject to judicial review in the absence of fraud or a plain abuse of power.71 All rights, title, or interest of the State of Colorado or of any of its political subdivisions in and to any road is divested upon vacation, as follows:72 if a public road is established as a state highway, it may not be vacated by any method other than a resolution approved by the transportation commission pursuant to C.R.S. § 43-1-106(11).73 This provision does not apply to a roadway that has been established but has not been used after such establishment.74
For the apportionment of vacated public roads, see § 16.2.3.
§ 32.3.2—Abandonment of Public Roads
A county cannot, without compensation, formally abandon a public road if such action would deprive abutting landowners of access to their property.75 If a public...
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