CO Code § 30-11-107 (2021)
2021 Colorado Code|Title 30 - Government - County|Article 11 - County Powers and Functions|Part 1 - General Provisions|§ 30-11-107. Powers of the Board

  The board of county commissioners of each county has power at any meeting:   To make such orders concerning the property belonging to the county as it deems expedient;    To examine and settle all accounts of the receipts and expenses of the county, to examine and settle and allow all accounts chargeable against the county, and, when so settled, to issue county orders therefor as provided by law;    To build and keep in repair county buildings and cause the same to be insured in the name of the county treasurer for the benefit of the county and, in case there are no county buildings, to provide suitable rooms for county purposes;      To apportion and order the levying of taxes as provided by law; except that, for purposes of the application of any occupational privilege tax, oil and gas wells and their associated production facilities shall not be considered a business or occupation subject to such tax; and (d) (I) To apportion and order the levying of taxes as provided by law; except that, for purposes of the application of any occupational privilege tax, oil and gas wells and their associated production facilities shall not be considered a business or occupation subject to such tax; and    To contract loans in the name and for the benefit of the county for the purpose of erecting necessary public buildings and making or repairing public roads or bridges, when such loans have been authorized by a vote of the legal voters of the county;    Before adopting a resolution to authorize the use of graywater pursuant to subparagraph (I) of this paragraph (kk), a board of county commissioners is encouraged to enter into a memorandum of understanding with the local board of health, local public health agencies, and any water and wastewater service providers serving the county concerning graywater usage and the proper installation and operation of graywater treatment works, as defined in section 25-8-103 (8.4), C.R.S.       To represent the county and have the care of the county property and the management of the business and concerns of the county in all cases where no other provisions are made by law;    To set off, organize, and change the boundaries of precincts in their respective counties and to designate and number such precincts in accordance with sections 1-5-101 and 1-5-101.5, C.R.S.;    To establish one or more voting places in each election precinct, as the convenience of the inhabitants may require;    To lay out, alter, or discontinue any road running into or through such county and also to perform such other duties respecting roads as may be required by law;    To grant such licenses and perform such other duties as are or may be prescribed by law;    To acquire land for, lay out, construct, maintain, and repair airports and landing strips for aircraft, to enter into leases, and to fix and collect charges or fees for the use of such airports and landing strips;    To provide in the county budget for dumping grounds within the county to be used for such purposes as may be prescribed by the board;    To enter into agreements with any municipality for the joint use and occupation of public buildings. The consideration to be paid for such use and occupation shall be paid each year out of current revenues which shall be appropriated annually, and any agreement to make such annual payment shall not be considered or held to be creation of an indebtedness of the county within any constitutional or statutory limitation.    To negotiate with the board or boards of county commissioners of another county or counties, and with the board of governors of the Colorado state university system of Colorado state university, for agricultural extension service to be furnished such counties, and to be financed on a pro rata share by the counties receiving such service;    To create, by resolution duly adopted, the office of county manager, or administrative assistant to the board of county commissioners, or county budget officer, or any other such office as may, in its judgment, be required for the efficient management of the business and concerns of the county. When so created, the board has power to make appointments to such offices, to prescribe the duties to be performed by such appointees, to fix the compensation to be paid to such appointees, and to pay the same from the county general fund. Any persons appointed to such offices shall serve at the pleasure of the board of county commissioners.    To cooperate with other counties and with the state forester in the organization and training of rural fire fighting groups, payment for the operation and maintenance of fire fighting equipment and in sharing the cost of suppressing fires;  (o.5) Repealed.     To purchase all necessary uniforms of the county sheriff, undersheriff, and deputies of the county; but no such uniforms shall be supplied to those persons deputized to perform particular acts, and all such uniforms shall be and remain the property of the county;    To organize, own, operate, control, direct, manage, contract for, or furnish ambulance service;    To provide in the county budget for services for the aged, including but not limited to social and recreational services, medical services, transportation, and homemaker services;    To appropriate moneys from sources other than ad valorem taxes to multijurisdictional housing authorities or housing authorities established under part 5 of article 4 of title 29, C.R.S., from the county general fund;    To set, by resolution duly adopted or by the method provided in the charter of a home rule county, mileage for all county officers, employees, and agents in an amount not less than twenty cents per mile nor more than a rate per mile equal to the standard mileage rate allowed pursuant to 26 U.S.C. sec. 162, as amended, and regulations promulgated thereunder, for each mile actually and necessarily traveled while on official county business;    To expend moneys or make assessments pursuant to paragraph (z) of this subsection (1) for the maintenance of drainage structures and facilities and to accept dedicated or deeded drainage easements or drainageway tracts as county property once drainage structures and facilities on such easements or tracts have been completed and found to meet county specifications and standards;    To provide a job diversion program directing persons making application for or receiving assistance under the Colorado works program, as described in part 7 of article 2 of title 26, C.R.S., into bona fide public or private sector employment;    To expend moneys or make assessments pursuant to paragraph (z) of this subsection (1) for the construction, reconstruction, improvement, or extension of drainage facilities within the unincorporated or incorporated areas of the county and to acquire, by gift, purchase, lease, or the exercise of the right of eminent domain, all lands, easements, or rights in land which are necessary in connection with such construction, reconstruction, improvement, or extension. Drainage facilities shall not be provided in any area which is within an existing drainage district organized or created pursuant to law without the approval of such district.    To enter into a contract with the state telecommunications director pursuant to the provisions of section 24-37.5-502 (3), C.R.S., for the providing of teleconferencing facilities and services between the county and any other county, city and county, or state agency to be used for teleconferencing of hearings relating to any person in the custody of the county;    To expend moneys or make assessments pursuant to paragraph (z) of this subsection (1) for the construction, maintenance, repair, or installation of curbs, gutters, sidewalks, and related structures along residential and commercial streets or alleys and in residential or commercial subdivisions within the unincorporated areas of the county; except that, prior to making an assessment for any purpose authorized by this paragraph (y), the county shall consider cost-sharing alternatives so that a portion of the cost of any project authorized in this paragraph (y) is incurred and paid by the county;    To prescribe, by ordinance adopted, administered, and enforced in accordance with part 4 of article 15 of this title, the mode in which the charges on the respective owners of lots or lands, and on the lots or lands, shall be assessed and determined for the purposes authorized in paragraphs (u), (w), and (y) of this subsection (1);    To establish policies and procedures regarding entering into contracts binding on the county, and to delegate its power to enter into such contracts pursuant to such policies and procedures, where amounts specified in such policies and procedures and where such contracts otherwise comply with limits and requirements set forth in such policies and procedures;    To provide for the preservation of the cultural, historic, and architectural history within the county by ordinance or resolution; to delegate the power to designate historic landmarks and historic districts to an historic preservation advisory board; to accept dedicated or deeded easements or other historic property and to expend moneys for the maintenance of such deeded historic land, facilities, and structures; and to receive contributions, gifts, or other support from public and private entities to defray the maintenance costs of such historic land, facilities, and structures;    By resolution, memorial, plaque, or limited gift, to honor, commemorate, memorialize, or acknowledge outstanding service or other events, including death or retirement of individuals, or actions, accomplishments, or achievements deserving of recognition;    To enter into installment purchase contracts or shared-savings contracts or otherwise incur indebtedness under section 29-12.5-103, C.R.S., to finance energy conservation and energy saving measures and enter into contracts for an analysis and recommendations pertaining to such measures under section 29-12.5-102, C.R.S.;    Repealed.    To set, by written resolution duly adopted by a majority vote of the board and entered in its minutes prior to the county treasurer being sworn into office, the amount of a surety bond to be executed by the treasurer and to authorize the purchase of such a bond by the board;    To authorize the use of electronic records or signatures and adopt rules, standards, policies, and procedures for use of electronic records or signatures pursuant to article 71.3 of title 24, C.R.S.;    To establish an affordable housing dwelling unit advisory board for the county in accordance with the requirements of article 26 of title 29, C.R.S.;    To provide in the county budget for programs that support education and outreach on environmental sustainability and for financing capital improvements for energy efficiency retrofits and the installation of renewable energy fixtures, as defined in section 30-11-107.3, for private residences and commercial property within the county but that do not exempt the county from the requirements of any other statute;    To encourage homeowners to participate in utility demand-side management programs where applicable;    (I) To adopt a resolution to authorize, in consultation with the local board of health, local public health agencies, and any water and wastewater service providers serving the county, the use of graywater, as defined in section 25-8-103 (8.3), C.R.S., in compliance with any regulation adopted pursuant to section 25-8-205 (1)(g), C.R.S., and to enforce compliance with the board's resolution.    To enter into loan agreements with any governmental entity that is created by or located within the county in accordance with section 30-25-106.5.         Subject to the provisions of part 1 of article 1 of title 29, C.R.S., the board of county commissioners of each county has exclusive power to adopt the annual budget for the operation of the county government, including all offices, departments, boards, commissions, other spending agencies of the county government, and other agencies which are funded in whole or in part by county appropriations. All such entities shall make appropriate budget recommendations each year to the board of county commissioners for the operation of their respective offices; but the final budget determination of each board of county commissioners shall be binding upon each of the respective offices, departments, boards, commissions, other spending agencies of the county government, and other agencies which are funded in whole or in part by county appropriations.    Every decision made by the board of county commissioners in exercising its budget-making power shall be presumed to be a valid exercise of the power granted by paragraph (a) of this subsection (2).       The board of county commissioners of any county eligible to receive impact assistance grants pursuant to part 3 of article 25 of this title may certify a dollar amount to the parks and wildlife commission pursuant to part 3 of article 25 of this title.     History. Source: G.L. § 446. G.S. § 538. R.S. 08: § 1204. C.L. § 8682. CSA: C. 45, § 25. L. 45: P. 296, § 2. CRS 53: § 36-1-7 . L. 55: P. 250, § 1. L. 57: P. 313, § 1. L. 61: Pp. 301, 714, §§ 1, 2. C.R.S. 1963: § 36-1-7 . L. 65: Pp. 458, 925, §§ 1, 5. L. 69: P. 225, § 1. L. 77: (1)(q) amended, p. 1439, § 1, effective May 26; (2) added, p. 1441, § 1, effective June 9; (1)(r) added, p. 1440, § 1, effective June 19; (1)(s) added, p. 1396, § 2, effective July 7; (1)(q) R&RE, p. 1285, § 3, effective January 1, 1978. L. 79: (3) added, p. 1154, § 2, effective June 22. L. 80: (1)(t) added, p. 655, § 1, effective July 1. L. 81: (1)(u) added, p. 1448, § 1, effective June 12. L. 82: (1)(v) added, p. 427, § 3, effective July 1. L. 83: (1)(w) added, p. 1235, § 1. effective July 1. L. 85: (1)(x) added, p. 806, § 2, effective May 23. L. 86: (1)(v) amended, p. 1040, § 4, effective April 30. L. 90: (1)(u) and (1)(w) amended and (1)(y) to (1)(cc) added, p. 1447, § 2, effective July 1. L. 91: (1)(t) amended, p. 712, § 1, effective March 11; (1)(dd) added, p. 733, § 3, effective May 1. L. 93: (1)(ee) added, p. 346, § 4, effective April 12; (1)(o.5) added, p. 1255, § 4, effective July 1. L. 95: (1)(ff) added, p. 500, § 3, effective May 16; (1)(o.5) repealed, p. 546, § 2, effective May 22. L. 96: (1)(d) amended, p. 347, § 3, effective April 17. L. 97: (1)(v) amended, p. 1245, § 51, effective July 1. L. 98: (1)(ee) repealed, p. 825, § 40, effective August 5. L. 99: (1)(gg) added, p. 1348, § 6, effective July 1. L. 2000: (1)(f) amended, p. 265, § 4, effective August 2. L. 2001: (1)(hh) added, p. 977, § 2, effective August 8. L. 2002: (1)(gg) amended, p. 858, § 7, effective May 30; (1)(m) amended, p. 1246, § 20, effective August 7. L. 2007: (1)(ii) added, p. 1470, § 1, effective August 3. L. 2008: (1)(x) amended, p. 1130, § 16, effective May 22; (1)(ii) amended and (1)(jj) added, p. 1293, § 5, effective May 27. L. 2012: (3) amended,(HB 12-1317), ch. 248, p. 1204, § 10, effective June 4. L. 2013: (1) (kk) added,(HB 13-1044), ch. 228, p. 1089, § 4, effective May 15. L. 2020: (1)(ll) added,(SB 20-139), ch. 246, p. 1178, § 1, effective September 14.    Cross references:    For additional powers of county commissioners relating to county airports, see part 1 of article 4 of title 41; for power of county commissioners to transfer county property for hospital purposes, see § 32-1-1003 (2); for power of a board to adopt ordinances for control or licensing of matters of purely local concern, see § 30-15-401; for the authority of the city and county of Denver to enter into a contract for teleconferencing facilities and services, see § 30-11-208.    For the legislative declaration in the 2013 act adding subsection (1) (kk), see section 1 of chapter 228, Session Laws of Colorado 2013.     ANNOTATION   Analysis     I. GENERAL CONSIDERATION.    II. MAKING ORDER CONCERNING COUNTY PROPERTY.    III. EXAMINING AND SETTLING COUNTY ACCOUNTS.    IV. BUILDING AND KEEPING IN REPAIR COUNTY BUILDINGS.    V. APPORTIONING AND ORDERING THE LEVY OF TAXES AND CONTRACTING LOANS.    VI. LAYING OUT, ALTERING, OR DISCONTINUING COUNTY ROADS.     I. GENERAL CONSIDERATION.   In discharging their duties, county commissioners are in all relevant aspects the alter egos of the county. Koch v. Bd. of County Comm'rs of Costilla Cty., 774 F. Supp. 1275 (D. Colo. 1991 ).   Section does not violate separation of powers. Beacom v. Bd. of County Comm'rs, 657 P.2d 440 (Colo. 1983).   The general assembly can and does, at times in Colorado, delegate limited police and legislative powers to local governmental units. Asphalt Paving Co. v. Bd. of County Comm'rs, 162 Colo. 254 , 425 P.2d 289 (1967).   Because in Colorado the general assembly, as government has grown more complex, has extended its reliance on boards of county commissioners to carry out, on a local level local governmental functions where it has deemed such necessary. Asphalt Paving Co. v. Bd. of County Comm'rs, 162 Colo. 254 , 425 P.2d 289 (1967).   Therefore, in the absence of any constitutional prohibition, there is nothing illegal about a state legislature delegating powers local in nature to local governmental units, provided that the proper constitutional tests are met as to maintaining a separation of powers and nonabrogation of proper responsibility. Asphalt Paving Co. v. Bd. of County Comm'rs, 162 Colo. 254 , 425 P.2d 289 (1967).   Counties have been delegated the following powers, among others, each of which requires the board of county commissioners to exercise certain police powers, viz.: to license and control dogs; to adopt building regulations and restrictions; to license and regulate public dance halls; to issue liquor licenses; to adopt zoning regulations; to regulate roadside signs on county roads; and to adopt, subject to state approval, lower prima facie speed limits on highways and roads located in unincorporated areas within their boundaries. Asphalt Paving Co. v. Bd. of County Comm'rs, 162 Colo. 254 , 425 P.2d 289 (1967).   County commissioners, in order to bind the county, must act collectively as a board. Robbins v. Hoover, 50 Colo. 610 , 115 P. 526 (1911).   Care for the poor. Unless there is some statute which takes from the board the duty of providing for the poor, with the power to make valid contracts for their support, which binds the county, such power is vested in the county board. Saguache v. Tough, 45 Colo. 395 , 101 P. 411 (1909).   Contract for assessments ultra vires. Where board of county commissioners, under its authority to manage the business of the county, entered into a contract with plaintiffs to fix valuations of land, which assessor admittedly was unable to determine, such contract is ultra vires and void, because the right to employ capable assistants comes within the purview of the duties primarily conferred on the assessor and cannot be claimed as an implied power of the board of county commissioners, because the board, as such, has not authority to impose itself upon the express powers of another county officer. Pritchard v. Bd. of County Comm'rs, 119 Colo. 318 , 204 P.2d 156 (1949).   An action on the official bond of a district court clerk for moneys belonging to a county is properly brought in the name of the people of the state of Colorado for the use of the board of county commissioners of the county, and the fact that the county treasurer is the person legally authorized to receive the money does not make it necessary that he should be named as the obligee of the bond, nor that a suit thereon should be brought for his use. Cooper v. People ex rel. Bd. of Comm'rs, 28 Colo. 87 , 63 P. 314 (1900).   Effect of 1977 amendment. The 1977 amendment, adding subsection (2), gives the county commissioners the authority to make the final budget determination for agencies such as the office of the district attorney which are funded in whole or in part by county appropriations, and establishes a statutory presumption that the board validly exercised its budget-making power. Beacom v. Bd. of County Comm'rs, 657 P.2d 440 (Colo. 1983).   District attorney funded by county appropriations. The office of the district attorney is an agency which is ”funded in whole or in part by county appropriations“, pursuant to subsection (2)(a). Beacom v. Bd. of County Comm'rs, 657 P.2d 440 (Colo. 1983).   County commissioners are accorded broad discretion on budgetary matters and have the exclusive power to adopt the annual budget, which is presumptively valid. City of Aurora v. Bd. of County Comm'rs, 902 P.2d 375 (Colo. App. 1994), aff'd, 919 P.2d 198 (Colo. 1996).   Judicial review of discretionary budgetary decisions limited. A court's role in reviewing discretionary budgetary decisions by a board of county commissioners is limited to the determination of whether the board abused its discretion by acting arbitrarily or unreasonably. Beacom v. Bd. of County Comm'rs, 657 P.2d 440 (Colo. 1983).   Local boards of county commissioners cannot, in an employee manual, override the general assembly's determination in subsection (1)(n) that board-appointed county employees serve at the board's pleasure and are therefore terminable at will. Erickson v. Bd. of County Comm'rs, 801 F. Supp. 414 (D. Colo. 1992 ); Parker v. Park County Bd. of County Comm'rs, 78 F. Supp. 2d 1169 (D. Colo. 1999 ).   The provisions of subsection (1)(n) will not bar a cause of action where a genuine issue of material fact remains as to the controversy. Kennedy v. Bd. of County Comm'rs, 776 P.2d 1159 (Colo. App. 1989).   Placement of moneys derived from the specific ownership tax in the county road and bridge fund held not an abuse of discretion. City of Aurora v. Bd. of County Comm'rs, 902 P.2d 375 (Colo. App. 1994), aff'd, 919 P.2d 198 (Colo. 1996).   Permissive grants of power that allow the county to construct, operate, improve, and extend storm water facilities and levy taxes to finance the acquisition, construction, operation, improvement, and extension thereof, do not impose a mandatory duty to remedy a particular harm and, therefore, do not establish a clear legislative intent to create a private cause of action. Larry H. Miller Corp.-Denver v. Bd. of County Comm'rs, 77 P.3d 870 (Colo. App. 2003).   Trial court properly dismissed petition by county to condemn a portion of owner's property for use as a public road because county presented no valid public purpose for its condemnation of owner's property. Here, public purpose is to benefit private parties; a few, select members of the public will gain access to a private cemetery. Such a private benefit does not constitute a valid public purpose. Bd. of County Comm'rs v. Kobobel, 176 P.3d 860 (Colo. App. 2007).   With respect to board's powers under subsection (1)(bb), no right by general public to visit a private cemetery or historical or cultural sites on private land. There is no law in Colorado establishing a right of the public to access private cemeteries. Bd. of County Comm'rs v. Kobobel, 176 P.3d 860 (Colo. App. 2007).   II. MAKING ORDER CONCERNING COUNTY PROPERTY.   General powers yield to specific power. The general powers conferred upon the board of commissioners with reference to subsection (1)(a), when in conflict with the special, particular powers conferred upon the sheriff with reference to jails, must yield to the latter, the latter must be treated as exceptions to the former. Richart v. Bd. of Comm'rs, 95 Colo. 153 , 33 P.2d 971 (1934).   III. EXAMINING AND SETTLING COUNTY ACCOUNTS.   The board is constituted by law the financial representative of the county, to whom all unliquidated claims against the county are to be presented for allowance, and no other officer or agent of the county is invested with similar powers, and the presentation of a claim to this board, the allowance of which comes within the scope of its powers, is practically a presentation thereof to the county. Roberts v. People, 9 Colo. 458 , 13 P. 630 (1886).   The rule governing the allowance of claims by the board of county commissioners is that the authority must be found in the statute, either in express words or by implication, and the compensation for every legitimate charge against a county is not fixed by statute, nor even expressly provided for, it is therefore within the power of the board in such cases to allow reasonable compensation. Bd. of Comm'rs v. Leonard, 3 Colo. App. 576, 34 P. 853 (1893).   IV. BUILDING AND KEEPING IN REPAIR COUNTY BUILDINGS.   Counties are charged with the duty to provide public buildings for county offices, and to maintain those buildings. Bd. of County Comm'rs v. Intermountain Rural Elec. Ass'n, 655 P.2d 831 (Colo. 1982).   Lease not unconstitutional indebtedness. The leasing of a building for county purposes for a monthly rental of $670 for a term of 25 years is not a creation of indebtedness for the aggregate amount of the rentals within the meaning of § 6 of art. XI, Colo. Const.Heberer v. Bd. of Comm'rs, 88 Colo. 159 , 293 P. 349 (1930).   The fact that contract of county commissioners to lease a building for courthouse purposes extends beyond the terms of office of the commissioners making the contract does not make the contract void. Heberer v. Bd. of Comm'rs, 88 Colo. 159 , 293 P. 349 (1930).   Perpetual maintenance of hospital. Nothing in this section authorizes the board of commissioners to enter into an engagement binding the county to forever maintain a hospital, for the benefit of a particular class, because each board must in each year determine for itself what appropriation shall be made for public purposes, and levy the taxes necessary to meet them; and no board is competent to determine these matters for its successors, or limit their action in the exercise of governmental functions. Robbins v. Hoover, 50 Colo. 610 , 155 P. 526 (1911).   V. APPORTIONING AND ORDERING THE LEVY OF TAXES AND CONTRACTING LOANS.   The board has the power at any time to apportion and order the levying of taxes as provided by law, for the payment of the debts of the county contracted in accordance with law prior to July, 1876, and a bonded debt was strictly within this section and commissioners not only had the power to levy the tax at the time the demand was made, but it was their duty to do so and they had no discretion in the matter. Berkey v. Bd. of Comm'rs, 48 Colo. 104 , 110 P. 197 (1910).   Mandamus to enforce statutory duty. Where a statute imposes upon a city, county, levee district, or other municipality, or upon a particular officer, board, or tribunal, a clear legal duty to levy a special tax to pay judgments, bonds, warrants, or other allowed or fixed indebtedness, or interest thereon, or to provide a sinking fund for payment at a future day, mandamus will lie on the relation of a person interested to compel performance of such duty. Berkey v. Bd. of Comm'rs, 48 Colo. 104 , 110 P. 197 (1910).   Contract to discover omitted property ultra vires. With respect to assessing or collecting taxes, no implied power is given the board of county commissioners, as a corporate body, to discover omitted property or to make a valid contract with other to do so, and such a contract is ultra vires. Chase v. Bd. of Comm'rs, 37 Colo. 268 , 86 P. 1011 (1906).   No power to challenge state taxing authority. The supreme court found no constitutional or statutory provision which grants any express or implied powers to boards of county commissioners or to county boards of equalization to challenge in court the findings and orders of the state tax commission or state board of equalization. Bd. of County Comm'rs v. Love, 172 Colo. 121 , 470 P.2d 861 (1970).   VI. LAYING OUT, ALTERING, OR DISCONTINUING COUNTY ROADS.   Reasonable discretion. This section vests the board with reasonable discretion as to the modes and methods by which it may exercise the power conferred upon it by this section, with reference to laying out, altering, or discontinuing roads. Switzer v. Bd. of County Comm'rs, 70 Colo. 563 , 203 P. 680 (1922).   Interference with the use of a public highway may be enjoined by the board. Leach v. Manhart, 96 Colo. 397 , 43 P.2d 959 (1935).   Based on the authority in subsection (1)(h) to engage in road improvement projects, counties have the authority to require a utility to relocate its utility line. Further, the utility must pay the cost of relocating the utility line when required by the county. Meadowbrook-Fairview v. Bd. of County Comm'rs, 910 P.2d 681 (Colo. 1996).   It is not bound to acquire a permanent right-of-way for a road by condemnation, conveyance or prescription, but has authority to contract for the use of a strip of land for road purposes until such time as the permission or license for such use may be revoked. Switzer v. Bd. of County Comm'rs, 70 Colo. 563 , 203 P. 680 (1922).   Ceding of authority over roads in a national park. The resolution of the state highway commission, sanctioned by the county board of commissioners, was sufficient to cede or transfer through legislative agency, to the federal government, such jurisdiction and control as the state possessed over the highways in a national park. Robbins v. United States, 284 F. 39 (8th Cir. 1922).   Right to intervene. In an action by a landowner to enjoin the use of a road across his property, a board of county commissioners claiming the road to be a public highway has a right to intervene to the end that the character of the road may be determined, and the dismissal of such a petition in intervention is error. Leach v. Manhart, 96 Colo. 397 , 43 P.2d 959 (1935).