C.R.S. Section 43-2-303
Methods of vacation


(1)

All right, title, or interest of a county, of an incorporated town or city, or of the state or of any of its political subdivisions in and to any roadway shall be divested upon vacation of such roadway by any of the following methods:

(a)

The city council or other similar authority of a city or town by ordinance may vacate any roadway or part thereof located within the corporate limits of said city or town, subject to the provisions of the charter of such municipal corporation and the constitution and statutes of the state of Colorado.

(b)

The board of county commissioners of any county may vacate any roadway or any part thereof located entirely within said county if such roadway is not within the limits of any city or town.

(c)

If such roadway constitutes the boundary line between two counties, such roadway or any part thereof may be vacated only by the joint action of the boards of county commissioners of both counties.

(d)

If said roadway constitutes the boundary line of a city or town, it may be vacated only by joint action of the board of county commissioners of the county and the duly constituted authority of the city or town.

(2)

Intentionally left blank —Ed.

(a)

No platted or deeded roadway or part thereof or unplatted or undefined roadway which exists by right of usage shall be vacated so as to leave any land adjoining said roadway without an established public road or private-access easement connecting said land with another established public road.

(b)

If any roadway has been established as a county road at any time, such roadway shall not be vacated by any method other than a resolution approved by the board of county commissioners of the county. No later than ten days prior to any county commissioner meeting at which a resolution to vacate a county roadway is to be presented, the county commissioners shall mail a notice by first-class mail to the last-known address of each landowner who owns one acre or more of land adjacent to the roadway. Such notice shall indicate the time and place of the county commissioner meeting and shall indicate that a resolution to vacate the county roadway will be presented at the meeting.

(c)

If any roadway has been established as a municipal street at any time, such street shall not be vacated by any method other than an ordinance approved by the governing body of the municipality.

(d)

If any roadway has been established as a state highway, such roadway shall not be vacated or abandoned by any method other than a resolution approved by the transportation commission pursuant to section 43-1-106 (11).

(e)

Paragraphs (b), (c), and (d) of this subsection (2) shall not apply to any roadway that has been established but has not been used as a roadway after such establishment.

(f)

If any roadway is vacated or abandoned, the documents vacating or abandoning such roadway shall be recorded pursuant to the requirements of section 43-1-202.7.

(3)

In the event of vacation under subsection (1) of this section, rights-of-way or easements may be reserved for the continued use of existing sewer, gas, water, or similar pipelines and appurtenances, for ditches or canals and appurtenances, and for electric, telephone, and similar lines and appurtenances.

(4)

Any written instrument of vacation or a resubdivision plat purporting to vacate or relocate roadways or portions thereof which remains of record in the counties where the roadways affected are situated for a period of seven years shall be prima facie evidence of an effective vacation of such former roadways. This subsection (4) shall not apply during the pendency of an action commenced prior to the expiration of said seven-year period to set aside, modify, or annul the vacation or when the vacation has been set aside, modified, or annulled by proper order or decree of a competent court and such notice of pendency of action or a certified copy of such decree has been recorded in the recorder’s office of the county where the property is located.

Source: Section 43-2-303 — Methods of 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

§ 43-2-303’s source at colorado​.gov