(1)All right, title, or interest of a county, of
an incorporated town or city, or of the state or of any of its political subdivisions in
and to any roadway shall be divested upon vacation of such roadway by any of the
following methods:
(a)The city council or other similar authority of a city or town by ordinance
may vacate any roadway or part thereof located within the corporate limits of said
city or town, subject to the provisions of the charter of such municipal corporation
and the constitution and statutes of the state of Colorado.
(b)The board of county commissioners of any county may vacate any
roadway or any part thereof located entirely within said county if such roadway is
not within the limits of any city or town.
(c)If such roadway constitutes the boundary line
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(1) All right, title, or interest of a county, of
an incorporated town or city, or of the state or of any of its political subdivisions in
and to any roadway shall be divested upon vacation of such roadway by any of the
following methods:
(a) The city council or other similar authority of a city or town by ordinance
may vacate any roadway or part thereof located within the corporate limits of said
city or town, subject to the provisions of the charter of such municipal corporation
and the constitution and statutes of the state of Colorado.
(b) The board of county commissioners of any county may vacate any
roadway or any part thereof located entirely within said county if such roadway is
not within the limits of any city or town.
(c) If such roadway constitutes the boundary line between two counties,
such roadway or any part thereof may be vacated only by the joint action of the
boards of county commissioners of both counties.
(d) If said 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.
(2) (a) No platted or deeded roadway or part thereof or unplatted or
undefined roadway which exists by right of usage shall be vacated so as to leave
any land adjoining said roadway without an established public road or private-access easement connecting said land with another established public road.
(b) If any roadway has been established as a county road at any time, such
roadway shall not be vacated by any method other than a resolution approved by
the board of county commissioners of the county. No later than ten days prior to
any county commissioner meeting at which a resolution to vacate a county roadway
is to be presented, the county commissioners shall mail a notice by first-class mail
to the last-known address of each landowner who owns one acre or more of land
adjacent to the roadway. Such notice shall indicate the time and place of the county
commissioner meeting and shall indicate that a resolution to vacate the county
roadway will be presented at the meeting.
(c) If any roadway has been established as a municipal street at any time,
such street shall not be vacated by any method other than an ordinance approved
by the governing body of the municipality.
(d) If any roadway has been established as a state highway, such roadway
shall not be vacated or abandoned by any method other than a resolution approved
by the transportation commission pursuant to section 43-1-106 (11).
(e) Paragraphs (b), (c), and (d) of this subsection (2) shall not apply to any
roadway that has been established but has not been used as a roadway after such
establishment.
(f) If any roadway is vacated or abandoned, the documents vacating or
abandoning such roadway shall be recorded pursuant to the requirements of
section 43-1-202.7.
(3) In the event of vacation under subsection (1) of this section, rights-of-way
or easements may be reserved for the continued use of existing sewer, gas, water,
or similar pipelines and appurtenances, for ditches or canals and appurtenances,
and for electric, telephone, and similar lines and appurtenances.
(4) Any written instrument of vacation or a resubdivision plat purporting to
vacate or relocate roadways or portions thereof which remains of record in the
counties where the roadways affected are situated for a period of seven years shall
be prima facie evidence of an effective vacation of such former roadways. This
subsection (4) shall not apply during the pendency of an action commenced prior to
the expiration of said seven-year period to set aside, modify, or annul the vacation
or when the vacation has been set aside, modified, or annulled by proper order or
decree of a competent court and such notice of pendency of action or a certified
copy of such decree has been recorded in the recorder's office of the county where
the property is located.