http://www.cohvco.org/ca4wdci/web_pgs/res_saguache.htm
96-G-7

A RESOLUTION IDENTIFYING AND AFFIRMING ALL PUBLIC ACCESS ROADS WITHIN SAGUACHE COUNTY, COLORADO

WHEREAS, Saguache County was established 1872 as a ranching, farming and mining area, with intensive prospecting and exploration for valuable minerals, forest products, agricultural products, and beef and sheep products, and;

WHEREAS, much of the mountainous areas of the County became laced with wagon roads, trails and horse and foot paths to facilitate such activities. Many of these roads, trails and paths have been in general use by the public since that time, and many have been further developed into mining roads, logging roads and access roads, for the removal of minerals, forest products, and other uses, and;

WHEREAS, other of these roads, trails and paths have continued in use, by the general public, for hunting, fishing, hiking, horseback riding and other recreational uses, and;

WHEREAS, there now exists in Saguache County, an extensive network of roads, mining roads, logging roads, trails, horse trails, hiking trails and foot paths, all of which provide public access to, and throughout, the National Forest and Bureau of Land Management lands representing a substantial portion of land within Saguache County, and;

WHEREAS, Colorado law recognizes that all of these various "public ways" are public highways, and public highways include: all roads over private lands dedicated to public uses by due process of law and not vacated by an order of the Board of County Commissioners; all roads over private lands that have been used adversely without interruption for 20 consecutive years; all roads over the public domain, whether agricultural or mineral, and;

WHEREAS, in the year 1866, the United States government adopted 43 USC 932, also known as RS 2477, the adoption of which statute constituted and express dedication of public highways by the United States government and, prior and subsequent to such statute, countless "public ways" were constructed by public use, and "acceptance" was accomplished by such public use, including the network of roads, trails and paths now located within and without the National Forest and Bureau of Land Management lands in Saguache County, Colorado, and;

WHEREAS, under Colorado law all roads and highways which are, on May 4, 1921, by law open to public traffic, shall be public highways, and with the exception of those public highways that are owned and maintained as state or federal highways, all of such public highways within Saguache County are under the jurisdiction of the Board of County Commissioners of this County, and;

WHEREAS, the Board of County Commissioners of Saguache County, Colorado, considers the existing system of roads, trails and paths as vital to the public welfare and flow of commerce within this County, like the federal and state highway systems are vital to the welfare and commerce of the State of Colorado, and;

WHEREAS, this Resolution includes but is not specifically directed toward those highways and roads that are included within either the County primary system or secondary system; but more specifically those public access roads, trails and paths that are substantially or completely non-maintained, with such lack of maintenance having no impact on the public use of said roads, trails and paths in question.

NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Saguache County, Colorado:

1. All public roads located within Saguache County, Colorado that have not been heretofore formally vacated by the Board of County Commissioners are hereby designated as public highways. "Public roads" and "public highways" as used herein include: highways, roads, mining roads, logging roads, wagon roads, trails, horse trails, hiking trails and foot paths.

2. As such, no said public roads, or public highways, may be closed to the historic use of public travel for which they have been utilized, without express closure and/or abandonment by the Board of County Commissioners of Saguache County, Colorado.

3. Neither private nor public tracts of land traversed by these public roads may be fenced, gated or otherwise obstructed by any means whatsoever without the express written consent of the Board of County Commissioners.

4. Whenever a public road traverses any private or public property, signs may be posted at all points where the public road crosses the boundary of the public or private property pursuant to CRS l8-4-201 indicating that the surrounding property, for a designated distance, is private property, or public property not available for public use, but no such sign will purport to limit the absolute right of the public to use such road, or deny access to the general public, or deny or limit, the use of such public road by the general public. If any such sign does not specify the distance, then a sign shall be posted at the next point that the road exits the private or public property.

5. Public roads across public lands shall be fully subject to this Resolution and Saguache County's jurisdiction, notwithstanding concurrent jurisdiction of a public agency. Roads across public lands that are not public roads or public highways, under Colorado or federal law, shall remain under the exclusive jurisdiction of the appropriate public agency.

6. lt shall be the policy of Saguache County, that upon the determination by the Board of County Commissioners where a public road is being obstructed in violation of this Resolution, or of any other applicable law and no emergency exists, the County may elect to give 10 days written notice to the owner(s) of record by certified mail and/or to any person(s) know to have created such obstruction, and if the obstruction is not removed within said 10 day period, the County may remove such obstruction at any time and in any lawful manner that it deems appropriate. If an emergency exists, the County may remove the obstruction without notice of any kind.

Read, Moved and Adopted this 17th day of September, 1996.

Robert Philleo, Chairman

Keith Edwards, Commissioner

Rod Hines, Commissioner

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This link is for Alamosa County, Colorado
http://www.cohvco.org/ca4wdci/web_pgs/res_alamosa.htm

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Can this be used by other states? I'm not a lawyer, so I don't know for sure.