§ 43-2-302 — Vesting of title upon vacation

Colorado § 43-2-302

• Jurisdiction: Colorado
• Title 43: Transportation
• Art.: State, County, and Municipal Highways

Text

(1) Subject to the requirements
set forth in sections 43-1-210 (5) and 43-2-106 governing the disposition of certain
property by the department of transportation, whenever any roadway has been
designated on the plat of any tract of land or has been conveyed to or acquired by a
county or incorporated town or city or by the state or by any of its political
subdivisions for use as a roadway, and thereafter is vacated, title to the lands
included within such roadway or so much thereof as may be vacated shall vest,
subject to the same encumbrances, liens, limitations, restrictions, and estates as
the land to which it accrues, as follows:

(a) In the event that a roadway which constitutes the exterior boundary of a
subdivision or other tract of land is vacated, title to said roadway shall vest in the
owners of the land abutting the vacated roadway to the same extent that the land
included within the roadway, at the time the roadway was acquired for public use,
was a part of the subdivided land or was a part of the adjacent land.

(b) In the event that less than the entire width of a roadway is vacated, title
to the vacated portion shall vest in the owners of the land abutting such vacated
portion.

(c) In the event that a roadway bounded by straight lines is vacated, title to
the vacated roadway shall vest in the owners of the abutting land, each abutting
owner taking to the center of the roadway, except as provided in paragraphs (a) and
(b) of this subsection (1). In the event that the boundary lines of abutting lands do
not intersect said roadway at a right angle, the land included within such roadway
shall vest as provided in paragraph (d) of this subsection (1).

(d) In all instances not specifically provided for, title to the vacated roadway
shall vest in the owners of the abutting land, each abutting owner taking that
portion of the vacated roadway to which his land, or any part thereof, is nearest in
proximity.

(e) No portion of a roadway upon vacation shall accrue to an abutting
roadway.

(f) Notwithstanding any other provision of this subsection (1), a board of
county commissioners may provide that title to the vacated roadway shall vest,
subject to a public-access easement or private-access easement to benefit
designated properties, in the owner of the land abutting the vacated roadway, in
other owners of land who use the vacated roadway as access to the owners' land, or
in a legal entity that represents any owners of land who use the vacated roadway as
access to the owners' land. Title shall vest to the owner of the land abutting the
vacated roadway as otherwise required by paragraphs (a) to (d) of this subsection
(1), unless the board expressly requires the title to vest pursuant to the authority
set forth in this paragraph (f) in the resolution to vacate the roadway that is
approved by the board.

Legislative History

Source: L. 49: p. 620, � 2. CSA: C. 143, � 69(2). CRS 53: � 120-1-12. C.R.S. 1963: � 120-14-2. L. 96: IP(1) amended, p. 1456, � 3, effective June 1. L. 2007: (1)(f) added, p. 591, � 1, effective September 1.