Private landowner resolves trail dispute, sells part of popular Colorado 14er

The U.S. Forest Service and a nonprofit combined to purchase 300 acres of private land on 14,000-foot Colorado mountain, the Forest Service announced Monday. 

The acquisition resolves a legal quandary for the landowner while freeing up public access to Mount Democrat's summit. 

That landowner had closed the trails on Mount Democrat in March. 

Democract is first peak in the popular DeCaLiBron loop, a trek that allowed hikers to claim four 14,000-foot summits (Mount Democrat, Cameron Peak, Mount Lincoln and Mount Bross) in just 7.5 miles of trail. The loop was one of the most popular in the state in 2022, according to trail use estimates.  

"We are excited about this land acquisition, and honored to add Mount Democrat to the Colorado Fourteeners that we manage on behalf of the American public," stated USFS Regional Forester Frank Beum in the announcement. "This opportunity would never have been possible without support from The Conservation Fund and numerous partners, and we cannot express enough appreciation to them for securing this property."  

Recent developments brought about this change. 

The public-private landscape buckled when a court case concluded in Denver last year. The case took 14 years to resolve and awarded an injured cyclist $7.2 million against a landowner, in this case the Air Force Academy. 

It alarmed private high country landowners across the state. Including Mount Democrat's.

"I've always had a desire to allow people to see the views up there," property owner John Reiber told CBS News Colorado. "But I just can't assume the liability that goes with it." 

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Hiking, like many pursuits, is a risk-reward proposition. 

Reiber believed he was assuming too much of that risk for other peoples' reward. 

After the 2022 court decision, Reiber was among those landowners in support of legislation to alter the Colorado Recreational Use Statute (CRUS). They sought greater liability protection for landowners from litigating land users. 

They didn't get it. 

The measure failed last March. Within days, Reiber posted signs along the trail, declining permission for anyone to cross his property. 

Reiber is 69 years old. His grandfather began purchasing land in area decades ago. He joined his holding with those of another landowner and created a corporation. They mined for silver. 

"It's a very rich zone for silver on Bross and Lincoln," Reiber said. "Democrat has molybdenum."

Changing market conditions relegate mining to break-even venture at best these days, Reiber said. He believes that his prospects will turn around someday. 

Meantime, he stood to lose big money, as shown by the Denver judge's significant award in the cyclist case. He worried any hiker would try to hold him legally responsible for the hiker's accident. 

"As a landowner, I look at that and say, 'Golly, what's the risk of someone falling at 14,000 feet?' You're talking an alpine environment, weather can change in a moment," Reiber said. "Many times I've had to pull hikers down the mountain because they weren't prepared for the elements. They really don't have any responsibility to be where they're supposed to be or to know what they're doing."  

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A compromise was reached in July, and signs were placed just outside the town of Alma. There, hikers, taking advantage of the last of the WiFi signal before hitting the trail, could read a QR code with their phones and electronically sign a waiver. 

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The negotiations to sell the land with criss-crossed hiking trails had been in process since.

"It was the right decision to make," Reiber said. "Of the mineral properties, I had the least interest in - and the least knowledge of - was Democrat."  

Reiber still owns land in the area which he hopes to mine. 

Located in the Mosquito Range, 14,154-foot Mount Democrat is the 28th-highest peak in the state. Lincoln is the eighth. Bross is the last ranked 14er of the four. Cameron, although above 14,000 feet, lacks the 300-foot prominence from its neighbors that is required for official ranking.

The exchanged land includes a section around the Kite Lake trailhead and a large part of Democrat's northeastern ridgeline above the trailhead. Management will be assumed by the USFS's Pike-San Isabel National Forests & Cimarron and Comanche National Grasslands office. 

Jason Robertson, acting forest supervisor for that office, stated in a press release, "This is really a big accomplishment and meaningful for not just the State of Colorado, but the entire nation. These iconic landscapes inspire imaginations and provide a place for visitors from around the world to seek solace."     

"With the transfer of the Mount Democrat lands from The Conservation Fund to the Forest Service, Colorado Fourteeners Initiative can begin vital trail work on this route that has been stymied for decades due to the land being in private ownership," Lloyd Athearn, executive director of the Colorado Fourteeners Initiative, stated in the same press release. "Fragile alpine tundra and important pika habitat will be better protected, while hikers on one of the top-five most-climbed 14er routes in Colorado will experience a much-improved trail. Thanks to the collaborative work of TCF, the Forest Service and other partners, this area has gone from obstacle to opportunity. We are all indebted to your persistence and professionalism."

Mount Bross's summit is still privately owned by a number of people and entities. The bypass trail around the summit lets hikers complete the Decalibron loop, but the summit itself is off limits. The bypass goes through another landowner's property and more of Reiber's to the side of the summit.   

Reiber asked that future DeCaLiBron stay on the trail, avoid mining areas and equipment, pick up after themselves (and even others), and be careful. 

"Ninety-five percent are great folks. But it only takes one. I want people to enjoy it. I just don't want to be sued if someone gets hurt."

Culebra Peak near the New Mexico border is a different approach to public usage on a private peak. Access to Culebra's 14,047-foot summit is managed by the privately owned Cielo Vista Ranch. Ranch ownership charges $150 per person for hikers to attempt the summit, with tight restrictions. 

This, according to Reiber, is because the current statute provides absolutely no liability protection to any entity that charges for access. 

Reiber continues to advocate for improved liability protection for private landowners with the Fix CRUS Coalition.