Trouble near Boulder, Jeepers trying to claim private road Options

[59er]

Heads up: the Denver metro area Jeep clubs are attempting to claim that another private mining road is public for their joy rides and other entertainment. The miner that owns it has been experiencing vandalism and closed it to the vandals. Recent article in the Times-Call:

http://www.longmontfyi.com/Local-Story.asp?id=7779

Here is a forum where the off-road clubs are debating whether or not to respect the owner's right to close his property:

http://colorado4x4.org/vbb/showthread.php?t=65365

This is happening alot in the front range where new uses are clashing with traditional uses.

[59er]

Jerry, I think you are misreading RS 2477. It says “The right-of way for the construction of highways over public lands, not reserved for public uses, is hereby granted.” Proving it was constructed before FLPMA (1976) only applies to roads on public land not reserved for public uses.

Congress has no authority to grant a right of way over private property, and the law expressly states that it is only granting the right of way over public land not reserved for public uses. National Forests are reserved for public uses, so the law does not apply to roads constructed on National Forest land.

So you have to document one of the following. Either the road was constructed before the land became National Forest (if it is now National Forest) or before it was patented as private land (if it is now private land) or before 1976 (if it is public land not reserved for public uses).

By Colorado statute, a road across private land must be used adversely for 20 years (not 5 years) before it can be claimed as a public road. That's not RS 2477 (which was a federal law).