The commission heard a briefing Friday on an access appeal involving a subdivided parcel on State Highway 159 in Costilla County, near Fort Garland. Dan Russin, the state highway access program manager, said the parcel had been subdivided into four tracts and that CDOT denied an application for access to Tract D because the access code requires the owner of the subdivided property to provide internal access. The new owner, identified in the staff packet as Whispering Pines Trust (O'Malley), contends the lot is effectively landlocked and that prior owners did not provide internal access when they subdivided.

Russin said County records and communications were reviewed and that CDOT initially asked the landowner to seek an easement from the historic landowner (Blunt). The owner later filed suit in district court asserting claims against the prior owner and CDOT. Because of the overlapping litigation, the Attorney General's office asked CDOT staff to hold the internal appeal until counsel could coordinate both matters. The AG has since asked CDOT to proceed with the administrative appeal; staff asked the commission to refer the appeal to the state administrative court so a judge can address the permit denial and any statutory interpretation.

The commission did not render a decision at the workshop. CDOT emphasized the agency's statutory role under CRS 43-2-147 and the state highway access code to control access to state highways and that the code requires provision of internal access when property is subdivided.