2023 Colorado Revised Statutes › Title 43 - TRANSPORTATION (§§ 43-1-101 — 43-10-119) › HIGHWAYS AND HIGHWAY SYSTEMS (§§ 43-2-101 — 43-2-404) › Article 2 - STATE, COUNTY, AND MUNICIPAL HIGHWAYS (§§ 43-2-101 — 43-2-404) › Part 2 - COUNTY AND OTHER PUBLIC HIGHWAYS (§§ 43-2-201 — 43-2-219) › Section 43-2-201.1 - Closure of public highways extending to public lands - penalty

(1)
Any person, other than a governing body of a municipality or county acting pursuant to part 3 of this article 2, who intentionally blocks, obstructs, or closes any public highway, as described in section
43-2-201
, that extends to any public land, including public land belonging to the federal government, thereby closing public access to public lands, without good cause therefor, commits a class 2 misdemeanor and shall be punished as provided in section
18-1.3-501
.
(2)
The provisions of this section shall not apply to temporary and reasonable obstruction of the public highways described in subsection (1) of this section by a railroad train at a railroad crossing.
(3)
Any peace officer of this state, as described in section
16-2.5-101
, C.R.S., has the authority to enforce the provisions of this section.
(4)
(a)
Notwithstanding the provisions of subsection (1) of this section, any owner of private land who complies with the provisions of this subsection (4) may post notice of intent to close a road crossing such land if such road has been abandoned. Said owner shall promptly notify the board of county commissioners of the county in which such road is located of such proposed closure. The board of county commissioners so notified shall publish notice of such proposed closure in a newspaper of general circulation in such county within sixty days after receipt of notice from said owner and shall post notice of such proposed closure at each end of the road described in the notice. If the board of county commissioners receives no objection to such proposed closure within eighteen months after such publication, the road described in such notice shall be closed to public access.
(b)
If the board of county commissioners receives objection to such proposed closure, it shall schedule a public hearing concerning the proposed closure and shall publish notice of said hearing in a newspaper of general circulation in such county at least ten days prior to said hearing. At said hearing, the board shall hear objections to the proposed closure and shall decide, within thirty days of the hearing, whether the road described in the notice shall be closed to public access.
Amended by 2021 Ch. 462, §776, eff. 3/1/2022.
L. 76: Entire section added, p. 821, § 1, effective July 1. L. 98: (1) amended, p. 1444, § 35, effective July 1. L. 2002: (1) amended, p. 1565, § 386, effective October 1. L. 2003: (3) amended, p. 1617, § 22, effective August 6. L. 2021: (1) amended, (SB 21-271), ch. 3325, p. 3325, § 776, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2002 act amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.