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]

Coalbunny. I think this sorta thing happened all over Colorado (at least in the mountains) and probably other states.

If the county was smart that would have documented the deal. But counties have a lot of power, and can always get a right of way by eminent domain. They just have to use due process and pay fair market value. This is actually required by the Fifth Amendment of our Constitution, which says:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

I think a lot of the problem with RS 2477 is counties that are too stingy to pay fair market value. If they really need the roads, they can buy them. As it turns out they are losing lawsuits and it would probably be cheaper to just buy the roads than sue for them. Eventually they will figure that out, I hope!