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JUL. 18. 2005 12:54PM COLEMAN WILLIAMS WILSON N0. 042 P. 6 <br />12. <br />The Court reconfirms its prior order that a portion of the Old Shinn <br />Park Road has, In fact, been abandoned. As summarized in Bock~stieaal v. <br />oard of County Commissioners of Lake County, 97 P.3d. 324, 331-332.' <br />Whether abandonment of a public road has occurred is a <br />question of fact committed to the sound discret(on of the trial court. <br />Stat v. Cyohers. supra. The burden of establishing abandonment <br />is on the party asserting abandonment Heath v. Parker, 30 P.3d <br />748 (ColoApp.2000). Abandonment of a public road requires proof <br />of intent to abandon by official and public acts and proof of nonuse. <br />Heath v. Parker, sUDra. Abandonment by the public will not be <br />implied-from nonuse of the road when the public need has not <br />required such a use. Uhl v. McEndafler, 123 Colo.89, ?.25 P.2d <br />839 (1950). Construction of an alternate route, in addition to <br />nonuse, reflects an Intenfron to abandon by an official ad, Koen <br />y. Gaines. 185 Cob 371, 440 P.2d 155 (1988). Occasional use of <br />a pubilc road for access purposes, in the absence of an alternative <br />road preGudes a finding of abandonment. Heath v. Parker sUDra. <br />13. By previous order, the Court accepted the stipulation, a~imittedty <br />only between Montrose County antl Lary A that the road is 30 feet Wicle. The <br />Court re~ronfirms that order as to road width. <br />14. The testimony from the count~e engineer is that an additional 10 <br />feet for structural support, snow plowing, and maintenance is all that is <br />reasonable and necessary. While the testimony of Brian Wilson was that the <br />County, in fact, continues to 'use" to the toe of the now existing Kinnikin Road, <br />that use is snow and gravel spilling over the edge of the shoulder until coming to <br />rest. This court has found no case suggesting that a public road siwuld be <br />defined that expansively. Accordingly, the County owns, and has not <br />abandoned, any portion of Old Shinn Park Road which is within 25 feet of the <br />centerline of the abandoned road. The Court accepts the county engineer's <br />4 <br />