Colorado Revised Statutes

Colo. Rev. Stat. § 43-1-202 (2026)

Public highways or roads

✓ current as of July 2026
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All roads and highways which are, on May 4, 1921, by law open to public traffic shall be public highways within the meaning of this part 2.

Source: L. 21: p. 362, § 2. C.L. § 1386. CSA: C. 143, § 93. L. 45: Ex. Sess., p. 41, § 1. CRS 53: § 120-3-2. C.R.S. 1963: § 120-3-2.

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1997–2024 · leading case: State Ex Rel. Univ. of N. Colorado v. Zahourek, 935 P.2d 74 (Colo. Ct. App. 1997).
State Ex Rel. Univ. of N. Colorado v. Zahourek, 935 P.2d 74 (Colo. Ct. App. 1997). · cites it 3× “§ 932 (1970), and § 43-1-202, C.R.S. (1993 Repl. Vol. 17). At a later hearing, the trial court supplemented its previous order by further describing the trails at issue.”
Graham v. State Ex Rel. Univ. of N. Colorado, 956 P.2d 556 (Colo. 1998). · cites it 2× “The court also found that the trails were a public highway under section 43-1-202, 11 C.R.S. (1997), which provides that all roads open to public traffic on May 4, 1921 shall be public highways.”
Barker v. Bd. of Cnty. Com'rs of Cnty., 49 F. Supp. 2d 1203 (D. Colo. 1999). · cites it 6× “Lastly, the County, but not the Forest Service, contends that Lewis Creek Road is public by operation of C.R.S. § 43-1-202, which declares as "public highways" all roads and highways open to public traffic on May 4, 1921.”
Bockstiegel v. Bd. of Cnty. Com'rs of Lake Cnty., 97 P.3d 324 (Colo. Ct. App. 2004). “Following a trial to the court, the court concluded that the OSR was a public road pursuant to §§ 43-1-202, 43-2-201(l)(c), C.R.S.2003, and 43 U.”
Bd. of Cnty. Com'rs of Morgan v. Kobobel, 176 P.3d 860 (Colo. Ct. App. 2007). “See §§ 43-1-202, 43-2-201, C.R.S.2007. The trial court’s order granting summary judgment to the county was reversed on appeal.”
Barker v. Bd. of Cnty. Commissioners, 49 F. Supp. 2d 1203 (D. Colo. 1999). · cites it 6× “Lastly, the County, but not the Forest Service, contends that Lewis Creek Road is public by operation of C.R.S. § 43-1-202, which declares as “public highways” all roads and highways open to public traffic on May 4, 1921.”
Barker v. Bd. of Cnty. Commissioners of the Cnty. of La Plata, 24 F. Supp. 2d 1120 (D. Colo. 1998). · cites it 2× “Lastly, the County, but not the Forest Service, contends that Lewis Creek Road is public by operation of C.R.S. § 43-1-202, which declares as “public highways” all roads and highways open to public traffic on May 4,1921.”
Gold Hill Dev. Co., L.P. v. TSG Ski & Golf, LLC, 2015 COA 177 (Colo. Ct. App. 2015). · cites it 6× “Section 43-1-202 states that “[a]ll roads and highways which are, on May 4, 1921, by law open to public traffic shall be public highways .”
Barker v. Bd. of Cty. Com'rs of Cty. of La Plata, 24 F. Supp. 2d 1120 (D. Colo. 1998). · cites it 2× “Lastly, the County, but not the Forest Service, contends that Lewis Creek Road is public by operation of C.R.S. § 43-1-202, which declares as "public highways" all roads and highways open to public traffic on May 4, 1921.”
Monger Fam. Ltd. P'ship v. Scully (D. Colo. 2022). · cites it 2× “2477 and C.R.S. § 43-1-202.”5 5 As discussed further below, MFLP contends that Defendants “confuse[d] the relief MFLP is seeking,” and that “MFLP is not asking for a declaration that the [ ] Access Road is a public road.”
High Lonesome Ranch, LLC, The v. Bd. of Cnty. Commissioners of Garfield Cnty., The (D. Colo. 2024). · cites it 2× “) § 43-2-201(1)(c); (3) common law dedication, and (4) roads open for public travel under C.R.S. § 43-1-202. I rejected the County’s common law dedication theory, and I determined that County’s fourth theory duplicated its R.”
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