Public/Private Roads

[Jorgy]

I have been googling around the net trying to find a "easy" answer for Colorado and cannot find one.

How do you know if a road is public or not? I have always followed the rule I was taught that if it has a number or name and it's on the map, it's public. I have been a number of places where unmaintained roads cross private land and have seen signs that state something like "stay on road for X miles through private property", but I do know a few places where once you are crossing over to private land there are the big signs that say private land - no trespassing which makes you think you can't be on the road, but it's on the map with a fr#.

Would these be cases where you have to go to the BLM or forest service and make sure the road is a easement through the property, or is the "it's on the map with a number/name" enough if law enforcement is contacted?

 

[James Riley]

I can't pretend to answer your question from a legal perspective but I can think out loud on the internet.

I think there is no duty to post in Colorado and the burden is upon the public to know where the boundaries are. Thus, you can be trespassing even in the absence of signs or fences, etc.

That said, as a general principle, if the road is maintained by the County, State or Feds, and it is not locked or posted, you can use it. *Most* public rural roads will utilize cattle guards instead of gates, so that is a good sign that it is public. However, some ranches do use cattle guards on private property so it's not a sure thing. *Most* public roads will have a sign at a junction. However, sometimes those signs are stolen. *Most* public roads have a higher level of engineering and maintenance. However, many private ranches, especially if they've been subdivided, have really nice roads. *Most* public roads are through-roads that go somewhere, to another parcel, public land, or link up with another public road. However, some go to and end on another private parcel so what's the use? These are usually subdivisions that had to give roads to the County as a condition.

Anyway, without checking with the relevant political authority (usually the County or BLM or USFS) you might never know for sure. I've seen exactly the type of road you are talking about where I think the road is public and the sign really means "stay on the road". If I really care, I usually risk it. If some cowboy confronts me I just say I'm looking for the place with the Blue Healers for sale.

 

[JLS]

Best course of action is to check with the County Assessor and Road Department to find out if it's a public road. Also check with adminstering agency to see if there is an easement. I've been on plenty where you would have NEVER guessed you were on a public road, and others you would swear were a public road and weren't (can be abandoned by county).

 

[hank4elk]

NM is horrible about marking roads,or should I say,sign replacement. A lot of roads are marked on Xmaps here in NM,even some private ones.County and state are.
I'd get several maps too,I do. Some BLM and FS roads are not marked,most public, not anymore.
Everyone steals the signs.Pisses me off. As if I'd turn around and give up or take one ranchers word for it.

 

[Outdoor Junkie]

I would agree with JLS. The county assessor offices almost always have some sort of public roads map. I know all the wyoming counties I have checked have this type of map. Beyond that, the BLM, forest service, etc. will have information on any easements.

Best course of action is to check with the County Assessor and Road Department to find out if it's a public road. Also check with adminstering agency to see if there is an easement. I've been on plenty where you would have NEVER guessed you were on a public road, and others you would swear were a public road and weren't (can be abandoned by county).