Chapter 34 - § 34.4 • VACATION OF DEDICATED PROPERTY

• Jurisdiction: Colorado

§ 34.4 • VACATION OF DEDICATED PROPERTY

Once a roadway is accepted by a local government and used by the public, its status as a roadway continues until vacation or abandonment. After acceptance, use by any member of the public is sufficient to establish that a roadway exists. Improvement and maintenance by the county is not required for a road to retain its status as a public highway.⁴⁷ Cities and towns may vacate public roadways within their limits that have been dedicated for public use,⁴⁸ but mere de-annexation does not effect a vacation.⁴⁹

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Notes:

^[47] Turnbaugh v. Chapman, 68 P.3d 570 (Colo. App. 2003).

^[48] See City of Colorado Springs v. Crumb, 364 P.2d 1053 (Colo. 1961). For vacation of public roads, see § 32.3.1.

^[49] Martini v. Smith, 18 P.3d 776 (Colo. App. 2000).