Colorado Revised Statutes

Colo. Rev. Stat. § 43-2-201 (2026)

Public highways

✓ current as of July 2026

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(1) The following are declared to be public highways:

(a) All roads over private lands dedicated to the public use by deed to that effect, filed with the county clerk and recorder of the county in which such roads are situate, when such dedication has been accepted by the board of county commissioners. A certificate of the county clerk and recorder with whom such deed is filed, showing the date of the dedication and the lands so dedicated, shall be filed with the county assessor of the county in which such roads are situate.

(b) All roads over private or other lands dedicated to public uses by due process of law and not heretofore vacated by an order of the board of county commissioners duly entered of record in the proceedings of said board;

(c) All roads over private lands that have been used adversely without interruption or objection on the part of the owners of such lands for twenty consecutive years;

(d) All toll roads or portions thereof which may be purchased by the board of county commissioners of any county from the incorporators or charter holders thereof and thrown open to the public;

(e) All roads over the public domain, whether agricultural or mineral.

Source: L. 1883: p. 251, § 1. G.S. § 2953. L. 1891: p. 302, § 1. L. 1893: p. 435, § 1. R.S. 08: § 5787. L. 21: p. 380, § 1. C.L. § 1243. CSA: C. 143, § 1. CRS 53: § 120-1-1. C.R.S. 1963: § 120-1-1.

Cross references: For toll roads, see part 3 of article 3 of this title 43.

Notes of Decisions

Cited in 31 cases (4 in the last 5 years), 1976–2024 · leading case: McIntyre v. Bd. of Cnty. Commissioners, 86 P.3d 402 (Colo. 2004).

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McIntyre v. Bd. of Cnty. Commissioners, 86 P.3d 402 (Colo. 2004). · cites it 169× “[3] We went on to say that the "rule is no different with respect to presumptive rights gained by the public under [section 43-2-201]." Id. at 357-58 , 411 P.”

Bd. of Cnty. Commissioners v. Flickinger, 687 P.2d 975 (Colo. 1984). · cites it 38× “(1973), whereas eighty percent of the tax proceeds are allocated in proportion to the mileage, adjusted to reflect the difficulty of maintenance, of “open, used, and maintained public highways, as defined in section 43-2-201, in each county, excepting mileage of state highways.”

Simon v. Pettit, 687 P.2d 1299 (Colo. 1984). · cites it 54× “[4] Section 43-2-201 provides in its entirety: Public highways.”

Bockstiegel v. Bd. of Cnty. Com'rs of Lake Cnty., 97 P.3d 324 (Colo. Ct. App. 2004). · cites it 14× “Landowners contend that the evidence was insufficient to support the trial court’s conclusion that the road became a public road pursuant to §§ 43-2-201(l)(c), 43-1-202, and 43 U.S.C.”

Gilpin Inv. Co. v. Blake, 712 P.2d 1051 (Colo. Ct. App. 1985). · cites it 8× “Blake claimed an entitlement to a road easement for access to her property and for easements for the television antenna cable and the service path. She based her claims, in part, on the theory that these are ways of necessity.”

Alexander v. McClellan, 56 P.3d 102 (Colo. Ct. App. 2002). · cites it 4× “The Board asserted that it was entitled to a prescriptive easement across the property for Karcher Street pursuant to § 43-2-201(1)(c), C.R.S.2001. In response, buyer argued that: (1) the public's use had to be exclusive to support a claim under § 48-2-201(1)(c) and that the use…”

Bd. of Cnty. Commissioners v. Ritchey, 888 P.2d 298 (Colo. Ct. App. 1994). · cites it 4× “The evidence was sufficient to establish that Cheyenne County occupied the strip of land for a period exceeding 18 years and that this possession was hostile, adverse, actual, under a claim of right, exclusive, and uninterrupted.”

Wilkenson v. Dept. of Interior of United States, 634 F. Supp. 1265 (D. Colo. 1986). · cites it 2× “Under C.R.S. § 43-2-201, roads over private lands that have been used adversely without interruption for twenty consecutive years are declared public highways.”

Barker v. Bd. of Cnty. Com'rs of Cnty., 49 F. Supp. 2d 1203 (D. Colo. 1999). · cites it 8× “Resolution 1976-84 does not, standing alone, render the road public pursuant to C.R.S. § 43-2-201(1)(c). However, the Resolution establishes that, as a matter of law, from the date of its enactment, September 21, 1976, any public use of the road without the permission of the…”

Bd. of Cty. Com'n of Cty. of Delta v. Ogburn, 554 P.2d 700 (Colo. Ct. App. 1976). · cites it 2× “The County relies on § 43-2-201(1)(c), C.R.S.1973, which provides that all roads over private lands that have been adversely used without objection or interruption for twenty consecutive years or more are public highways.”

Williams v. Town of Estes Park, 608 P.2d 810 (Colo. Ct. App. 1979). · cites it 6× “There was no evidence that the “Old Fall River Road” had been dedicated to the public use pursuant to § 43-2-201(l)(a), C.R.S.1973, or that it otherwise qualified as a public road.”

Simon Ex Rel. Simon v. Pettit, 651 P.2d 418 (Colo. Ct. App. 1982). · cites it 2× “Plaintiffs brought this action seeking a declaratory judgment that two footpaths crossing defendants’ land are highways pursuant to § 43-2-201(l)(c) C.R.S.1973. Plaintiffs also sought an injunction to prevent defendants from building a multi-fam-ily dwelling on the premises.”

Show all 31 citing cases →

— Colo. Rev. Stat. § 43-2-201(1) — 2 cases

McIntyre v. Bd. of Cnty. Commissioners, 86 P.3d 402 (Colo. 2004). “[3] We went on to say that the "rule is no different with respect to presumptive rights gained by the public under [section 43-2-201]." Id. at 357-58 , 411 P.”

Gold Hill Dev. Co., L.P. v. TSG Ski & Golf, LLC, 2015 COA 177 (Colo. Ct. App. 2015).

— Colo. Rev. Stat. § 43-2-201(1)(a) — 1 case

— Colo. Rev. Stat. § 43-2-201(1)(c) — 14 cases

Simon v. Pettit, 687 P.2d 1299 (Colo. 1984). “[4] Section 43-2-201 provides in its entirety: Public highways.”

Alexander v. McClellan, 56 P.3d 102 (Colo. Ct. App. 2002). “The Board asserted that it was entitled to a prescriptive easement across the property for Karcher Street pursuant to § 43-2-201(1)(c), C.R.S.2001. In response, buyer argued that: (1) the public's use had to be exclusive to support a claim under § 48-2-201(1)(c) and that the use…”

Bd. of Cnty. Commissioners v. Flickinger, 687 P.2d 975 (Colo. 1984). “(1973), whereas eighty percent of the tax proceeds are allocated in proportion to the mileage, adjusted to reflect the difficulty of maintenance, of “open, used, and maintained public highways, as defined in section 43-2-201, in each county, excepting mileage of state highways.”

Barker v. Bd. of Cnty. Com'rs of Cnty., 49 F. Supp. 2d 1203 (D. Colo. 1999). “Resolution 1976-84 does not, standing alone, render the road public pursuant to C.R.S. § 43-2-201(1)(c). However, the Resolution establishes that, as a matter of law, from the date of its enactment, September 21, 1976, any public use of the road without the permission of the…”

— Colo. Rev. Stat. § 43-2-201(1)(e) — 2 cases

Gold Hill Dev. Co., L.P. v. TSG Ski & Golf, LLC, 2015 COA 177 (Colo. Ct. App. 2015).

Resort Valley v. Bartoletti (Colo. Ct. App. 2024).

— Colo. Rev. Stat. § 43-2-201(l)(a) — 2 cases

Williams v. Town of Estes Park, 608 P.2d 810 (Colo. Ct. App. 1979). “There was no evidence that the “Old Fall River Road” had been dedicated to the public use pursuant to § 43-2-201(l)(a), C.R.S.1973, or that it otherwise qualified as a public road.”

— Colo. Rev. Stat. § 43-2-201(l)(c) — 13 cases

Simon v. Pettit, 687 P.2d 1299 (Colo. 1984). “[4] Section 43-2-201 provides in its entirety: Public highways.”

Bockstiegel v. Bd. of Cnty. Com'rs of Lake Cnty., 97 P.3d 324 (Colo. Ct. App. 2004). “Landowners contend that the evidence was insufficient to support the trial court’s conclusion that the road became a public road pursuant to §§ 43-2-201(l)(c), 43-1-202, and 43 U.S.C.”

Gilpin Inv. Co. v. Blake, 712 P.2d 1051 (Colo. Ct. App. 1985). “Blake claimed an entitlement to a road easement for access to her property and for easements for the television antenna cable and the service path. She based her claims, in part, on the theory that these are ways of necessity.”

— Colo. Rev. Stat. § 43-2-201(l)(e) — 3 cases

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