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.

[Goldshark]

When patented mining claims transfer from public to private ownership, they are granted with reservations. These reservations usually state what does , and does not come with the transfer. One of the biggest is the one stating that each State shall have the ability to dictate the rules pertaining to it's conduct. The rules as applied from the State, in this instance Colorado, can be found in the Colorado Revised Statutes, section 34, titled MINERALS. Under CRS 34-48-104, it states "Every miner has the right of way across any and all claims, for the purpose of hauling Quartz". This was adopted by law after a case based in Leadville. If this was not a law, a mining claim staked perpendicular to a valley length, would effectively give that claim owner complete control over the entire valley access. In mining law, you do not need to pay to cross ANY patented or unpatented claim, if it pertains to mining. Can you imagine what would happen if during the war, everybody was involved in court cases, hampering our ability to mine for any metal, because some claim owner said that you can't cross his property. They definitely do not know the laws.
If you want access to a residence, that is a whole different process, usually involving a surveyed easement. The reason for a right of way vs an easement, is that a right of way can be moved, an easement is a surveyed designated alignment, which cannot be relocated, unless a lot of work is done to change it. An ROW can simply be moved a little or a lot, but cannot be denied, This is so that if mineral is found under the existing ROW, it can be mined in a way as to not incur a huge burden on the claim owner, and still provide access to other mines. I know of one instance where a belligerent claim owner is doing everything in his power to contest the ROW. Mainly because the ground beyond is very good, and his simple greed is causing a huge rift amongst him and the property owners beyond. It is really sad that some people are never content with a very good life, just wanting more, more, more. Anyway, it is people like that, that made our legislature conjure laws to combat his kind.