The way it works is: If a prima facie case (more likely than not or on the face of it) is made, the burden of proof shifts to the one attacking the road.
The court has ruled that the showing does not have to be shown on any map.
The law regarding 2477 roads has been repealed, but any roads that existed prior to the repeal are still covered by the law.
I have done extensive research on this subject and all it requires is that a trail be in existance prior to the homestead. It could be as little as a pack train trail.
If the trail has moved since, it is still a public way.
The individual complaining about this has been on notice for over 100 years. When they bought the land, it had the right of way with it. The homestead grant included a provision for existing roads, ditches, trails etc.
A pack train trail is not a highway no matter how you stretch your imagination. My research has shown that many mining roads in Colorado were built by private mining companies with their own money and labor, on their own property. RS 2477 of course does not apply to such roads but the ATV lobby is trying to get access to private land.
The anti-landowner lobby would have you believe that RS 2477 is a good thing because it means no rancher or homeonwer can ever prosecute a trespasser. All the trespasser has to do is to say that he was on a RS 2477 right of way, and then the landowner has to prove that it's not. That's why RS 2477 is so popular with trespassers and ATV riders.