Colorado § 36-1-136 - Rights-of-way granted - reversion.

§ 36-1-136. Rights-of-way granted - reversion.

The state board of land commissioners may grant rights-of-way across or upon any portion of state land for any ditch, reservoir, railroad, communication system, electric power line, pipeline, or other installation necessary for the operation of said services or utilities and may grant rights-of-way on any tracts of state land to any person, public agency or instrumentality of the United States, or to this state, or to any of the institutions, agencies, counties, municipalities, districts, or other political subdivisions of this state for the purpose of building schoolhouses or public roads or highways or for any lawful use or purpose. Any right-of-way so granted shall be on such terms as the board shall determine and shall be subject to the filing fee specified in section 36-1-112. Said board may execute and sign, as provided by this article, on behalf of this state, an instrument in writing for such right-of-way or grant. This section shall not be construed to grant authority to said board to convey title to any such land by a grant of right-of-way. Whenever rights-of-way granted for any purposes mentioned in this section cease to be used for such purposes, the rights-of-way shall terminate, and all rights shall revert to this state or its successors in interest.

Source: L. 19: p. 651, § 29. C.L. § 1182. CSA: C. 134, § 81. L. 47: p. 690, § 1. CRS 53: § 112-3-37. C.R.S. 1963: § 112-3-37. L. 69: p. 924, § 1. L. 73: p. 1140, § 1. L. 77: Entire section amended, p. 1620, § 2, effective May 26. L. 97: Entire section amended, p. 846, § 29, effective May 21. L. 98: Entire section amended, p. 828, § 50, effective August 5.

ANNOTATION

Adverse possession established. Where the right-of-way deed contains language which creates a possibility of reverter, upon termination of the use, the estate of the grantees and those claiming through them would ordinarily be terminated. However, the right of the land board to reacquire the property is subject to statutory conditions which must be complied with by the state. Thus, where plaintiffs establish prima facie color of title by successive grants which are free of condition, are in possession adverse to the state for over 20 years, and are in possession and pay taxes under color of title for over 7 years, they are entitled to a decree against the state. State v. Franc, 165 Colo. 69, 437 P.2d 48 (1968) (decided under law in effect prior to the repeal and reenactment of this section in 1969).

Patents granting easement held to create exception to granting of fee title to certain area of land; patent reserved to the state the underlying fee interest, and upon abandonment of easement, land reverted to the state. Lincoln Sav. & Loan Ass'n v. State, 768 P.2d 733 (Colo. App. 1988).