Court ruling opens door to 50,000 acres of federal land after nine-year fight

After nine years of litigation, a legal battle between Garfield County and The High Lonesome Ranch over public access to a county road crossing the ranch’s private property has concluded, opening up more than 50,000 acres of federal land to county residents and visitors.
In September, a federal court ruled that part of North Dry Fork Road, also known as Garfield County Road 200, and Middle Dry Fork Road, which runs through the ranch’s private property west of De Beque, are public roads.

The dispute began in 2016 after Garfield County asked The High Lonesome Ranch, 275 County Road 222, De Beque, to unlock a private gate blocking access to County Road 200, also known as Dry Fork Road, west of De Beque and east of its intersection with Middle Dry Fork Road. In response, the ranch filed a lawsuit in state court, arguing that the road was not public. The Bureau of Land Management was later added to the case, and the dispute moved to federal court.
A lengthy legal battle followed. In 2020, the U.S. District Court for the District of Colorado ruled that both North Dry Fork Road and Middle Dry Fork Road — split by a Y intersection — are public under state adverse-use law and Revised Statute 2477 (RS 2477).
Colorado adverse-use law stipulates that roads over private lands that have been historically used continuously and without objection from landowners for at least 20 consecutive years are considered public highways. RS 2477 grants states rights-of-way over some roads established on federal land before 1976, when the statute was repealed.
The ranch appealed to the U.S. Court of Appeals for the Tenth Circuit, and in 2023, the court reversed part of the district court’s ruling regarding public access to North Dry Fork Road west of the “Y” under RS 2477. The case was sent back to the federal district court, where U.S. District Judge R. Brooke Jackson reviewed the matter.
In a second amended final judgement in December Jackson concluded that, under state law, North Dry Fork Road from the east through the location of the former gate to the “Y” fork is public, but the road west of the intersection is not. The entire length of Middle Dry Fork Road, from the “Y” fork through where it intersects the western edge of The High Lonesome Ranch’s property, is public.
According to the December ruling, the public portions of the road will have a width of 32 feet, and the ranch is required to remove any remaining obstructions from these sections of the road. The High Lonesome Ranch must also pay the county’s trial costs — a total of $32,930.54.
The ranch again sought reconsideration of the court’s order, but Jackson denied the request on Jan. 29, effectively bringing an end to nine years of litigation.
“This decision is a crucial step in preserving the Western tradition of open lands and underscores the importance of local governments standing firm against efforts to close off lands that belong to all Americans,” a Monday press release from Garfield County states. “Going forward, this case sets a precedent for other counties facing similar legal battles over public land access. It is a testament to what can be achieved when local governments stand up for their communities and work to ensure that public lands remain open and accessible for future generations.”
The newly opened portion of Dry Fork Road now provides easier access to between 50,000 and 90,000 acres of federal land for recreational activities, according to court documents.
“I think you guys have done an incredible thing for not only the citizens of Garfield County, but others who want to come and use that 50,000 plus acres of BLM Land,” Garfield County Attorney Heather Beattie told commissioners Tom Jankovsky, Mike Samson and Perry Will at a Board of County Commissioners meeting on Monday. “It’s a lot of acreage and it’s a really great win for the citizens of the county and for all those outdoor enthusiasts that want to use those parcels.”

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