Request For Help With Recently Closed Road Blocking Access to Public Land in CO

[COEngineer]

I volunteer with CO Chapter of BHA and a fellow volunteer brought up an issue in San Miguel county. A new land owner has closed two roads, at least one of which is the only access to some public land. What steps should he take? Who should he contact? What documentation is required to prove historical access?

 

[WapitiBob]

Historical access doesn't mean much of it was voluntarily given by the previous owners.

 

[reallyoldman]

Give John Martin in Garfield County . He has a lot of experience and is a commissioner.

 

[COEngineer]

Historical access doesn't mean much of it was voluntarily given by the previous owners.

True, but if it was adverse or publicly maintained, then it does matter. I don't know the details or history, just looking for where/how to start.

 

[TOGIE]

i'd probably start with the local warden. doesn't BHA kinda have a list of trusted attorneys they can talk to? that's where id' go next. just to ask questions.

 

[Thx1138]

See if the road in question can be viewed on the public maps and roads site. If so, it’s an illegal closure. This site may not be fully updated but it’s a start. https://data-hub-sanmiguelco.opendata.arcgis.com/apps/f2bc2dd9d78c44bfb50569538bd5ed6a/explore

 

[El Jason]

True, but if it was adverse or publicly maintained, then it does matter. I don't know the details or history, just looking for where/how to start.

Call the county road department and see if the road is on their inventory as a maintained road. If it’s not, find out if the county owns the right of way.

 

[Straight Arrow]

Contact Montana's PLWA:

Public Land/Water Access Association, Inc.​

2100 Fairway Dr, Suite 211
Bozeman, MT 59715
(406) 690-0960

No sense in reinventing the wheel ... PLWA will give you some advice on first steps to determine if a road or trail is or has been public for the purpose of maintaining public access or litigating for prescriptive easement for public access.
Best of luck in this endeavor.