Simon v. Pettit

The majority has developed several inviting reasons why we should not “rigidly interpret” the public highways statute to include the footpaths at issue here within the definition of “roads” and “highways” *1305as used in that statute. However, I am unconvinced that the intent of the legislature as expressed in the relevant statute is as the majority declares.

Section 43-2-201(l)(c), 17 C.R.S. (1973), simply provides:(1) The following are declared to be public highways:

* * * * tfc *(c) All roads over private lands that have been used adversely without interruption or objection on the part of the…