C.R.S. Section 43-2-302
Vesting of title upon vacation


(1)

Subject to the requirements set forth in sections 43-1-210 (5) and 43-2-106 governing the disposition of certain property by the department of transportation, whenever any roadway has been designated on the plat of any tract of land or has been conveyed to or acquired by a county or incorporated town or city or by the state or by any of its political subdivisions for use as a roadway, and thereafter is vacated, title to the lands included within such roadway or so much thereof as may be vacated shall vest, subject to the same encumbrances, liens, limitations, restrictions, and estates as the land to which it accrues, as follows:

(a)

In the event that a roadway which constitutes the exterior boundary of a subdivision or other tract of land is vacated, title to said roadway shall vest in the owners of the land abutting the vacated roadway to the same extent that the land included within the roadway, at the time the roadway was acquired for public use, was a part of the subdivided land or was a part of the adjacent land.

(b)

In the event that less than the entire width of a roadway is vacated, title to the vacated portion shall vest in the owners of the land abutting such vacated portion.

(c)

In the event that a roadway bounded by straight lines is vacated, title to the vacated roadway shall vest in the owners of the abutting land, each abutting owner taking to the center of the roadway, except as provided in paragraphs (a) and (b) of this subsection (1). In the event that the boundary lines of abutting lands do not intersect said roadway at a right angle, the land included within such roadway shall vest as provided in paragraph (d) of this subsection (1).

(d)

In all instances not specifically provided for, title to the vacated roadway shall vest in the owners of the abutting land, each abutting owner taking that portion of the vacated roadway to which his land, or any part thereof, is nearest in proximity.

(e)

No portion of a roadway upon vacation shall accrue to an abutting roadway.

(f)

Notwithstanding any other provision of this subsection (1), a board of county commissioners may provide that title to the vacated roadway shall vest, subject to a public-access easement or private-access easement to benefit designated properties, in the owner of the land abutting the vacated roadway, in other owners of land who use the vacated roadway as access to the owners’ land, or in a legal entity that represents any owners of land who use the vacated roadway as access to the owners’ land. Title shall vest to the owner of the land abutting the vacated roadway as otherwise required by paragraphs (a) to (d) of this subsection (1), unless the board expressly requires the title to vest pursuant to the authority set forth in this paragraph (f) in the resolution to vacate the roadway that is approved by the board.

Source: Section 43-2-302 — Vesting of title upon vacation, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-43.­pdf (accessed Oct. 20, 2023).

43‑2‑101
State highway system
43‑2‑101.5
Devolution of commuter highways to counties and municipalities - required study - definitions
43‑2‑102
Department maintain system
43‑2‑103
Urban highway contracts
43‑2‑104
County highway contracts
43‑2‑104.5
Reimbursement of counties and municipalities
43‑2‑106
Abandoned state highways
43‑2‑107
Standards of construction - definition
43‑2‑108
County highway systems
43‑2‑109
County primary systems
43‑2‑110
Selection by county - notice - secondary system
43‑2‑111
Road supervisors - districts - duties - powers
43‑2‑112
Condemnation for county roads
43‑2‑113
Abandoned county primary roads
43‑2‑114
Standards for county primary roads
43‑2‑115
Allocations - reports - grace period
43‑2‑116
Federal aid - matching funds
43‑2‑117
County line roads - apportionment
43‑2‑118
Private roads
43‑2‑119
County road budgets
43‑2‑120
Annual county reports
43‑2‑121
Annual state report
43‑2‑122
State inspection of county projects
43‑2‑123
City street systems
43‑2‑124
City streets defined - maintenance
43‑2‑125
Adoption of street systems - reports
43‑2‑129
Accounting by municipalities - unexpended funds - matching federal aid
43‑2‑130
Street budgets
43‑2‑131
Municipal allocations - delinquent reports - grace period
43‑2‑132
Annual municipal reports
43‑2‑133
State inspection of municipal projects
43‑2‑134
Certification of designations - notice of change
43‑2‑135
Division of authority over streets
43‑2‑136
Department makes rules for rating
43‑2‑137
Counties submit priorities - instructions
43‑2‑138
Municipalities submit priorities - instructions
43‑2‑139
Roadside advertising on county roads
43‑2‑141
Violation of sections - penalties
43‑2‑142
Jurisdiction
43‑2‑144
Intergovernmental highway contracts
43‑2‑145
Transportation legislation review - committee - definition - repeal
43‑2‑146
Highway bypasses - public policy - when
43‑2‑147
Access to public highways - definitions
43‑2‑149
Roadside memorials authorized - specifications - permit - definitions
43‑2‑150
Roadside chain service - rules
43‑2‑201
Public highways
43‑2‑201.1
Closure of public highways extending to public lands - penalty
43‑2‑202
County road and bridge fund - apportionment to municipalities
43‑2‑203
County road and bridge budget - tax levy
43‑2‑204
Commissioners authorized to acquire property for highways
43‑2‑205
Rights-of-way - public land
43‑2‑206
Acquisition of rights of prior lessee
43‑2‑207
Expense of construction and maintenance
43‑2‑208
County commissioners authorized to construct highways and let contracts
43‑2‑209
Contract for work on highways - advertise for bids
43‑2‑210
Only residents of county to be given employment
43‑2‑211
Cattle guards - specifications
43‑2‑212
Sections applicable only to county highways
43‑2‑213
Not deemed an obstruction
43‑2‑214
County highway anticipation warrant retirement fund
43‑2‑215
Moneys allocated to fund
43‑2‑216
Warrants - sale - duration - interest
43‑2‑217
County treasurer fiscal agent
43‑2‑218
Sections supplemental
43‑2‑219
County authority to privatize county highways and bridges - charge a toll
43‑2‑301
Definitions
43‑2‑302
Vesting of title upon vacation
43‑2‑303
Methods of vacation
43‑2‑304
Limitation of actions
43‑2‑401
Definitions
43‑2‑402
Noise mitigation measures
43‑2‑403
Noise mitigation - privately funded - rules
43‑2‑404
Rule-making authority
Green check means up to date. Up to date

Current through Fall 2024

§ 43-2-302’s source at colorado​.gov