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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 114797
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have property with a legal address 8228 W Hwy 24. On the

Customer Question

I have property with a legal address 8228 W Hwy 24. On the old maps it shows as a frontage road to Hwy 24. There is major drainage problems in front of my cabin. CDOT does not claim the road, nor does the city or county. The CDOT engineering drawings when they widened HWY 24 shows the road as a frontage road. The owner of apartment buildings on this road has 2002 permit for access from the State for the frontage road. However, the Attorney General gave an opinion the road is private. Do the home owners have a good chance to win a civil suit if they take this to court to get CDOT to take ownership of the road?
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
Be aware the State Attorny Gen Opinion is that the road is privately owned.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the road has been abandoned by the government, then the road belongs to the property owners whose property abuts the road. A government cannot be forced to take ownership or possession of property and can abandon property. In order to make CDOT liable for the road, they have to formally vote to accept the donation or dedication of the road, but if it was abandoned the court cannot make them liable for the roadway I am afraid. If the Attorney General is saying it was abandoned and thus is now private property, the court cannot make them take ownership of a road they have decided to abandon as it is a separation of powers issue. The legislature has the power to accept or abandon land, the court cannot intervene to make them accept land or make them abandon it, that is a power reserved to the legislature.
Customer: replied 1 year ago.
I found out the road in front of my property is actually ROW from the State of Colorado. I met with the State. The road above my property line, 250 east is private road. The State granted access on a permit to apartment owners. With that said, what rights do we as owners have to get the state to maintain the road. As of now, thay do nothing. We owners have been maintaining the road.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply and new information.
You have to read what the grant states specifically. You said the road was a right of way granted by the state, then it if that document is silent to who maintains the right of way, it would be the users of the right away who are responsible. If the state has a right of way over another person's property for a highway, then they are liable to maintain that right of way and the opposite is true as well unless the grant states otherwise and the state has agreed to maintenance.