reglab/housing_qa huggingface dataset:
CO Code § 38-42-106 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 42 - Oil, Gas, and Mining Leases|§ 38-42-106. Record of Lease No Longer Notice Unless Affidavit Recorded

  The lessee of any oil, gas, or other mineral lease given on or after March 28, 1967, on land situated in this state or any owner of a partial interest in such lease shall, prior to the expiration of six months after the expiration of the primary or definite term set forth in the lease, record in the office of the county clerk and recorder of the county wherein such land is situate an affidavit if the affiant claims an extension of the term of the lease beyond the primary or definite term thereof. If no such affidavit is recorded, then six months after the expiration of the primary or definite term of such lease, the record thereof, if any, shall cease to be notice and shall have no more effect than an unrecorded instrument.    The lessee of any oil, gas, or other mineral lease given prior to March 28, 1967, on land situated in this state or any owner of a partial interest in such lease shall, within six years after March 28, 1967, or prior to the expiration of six months after the expiration of the primary or definite term set forth in the lease, whichever is later, record in the office of the county clerk and recorder of the county wherein such land is situate an affidavit if the affiant claims an extension of the term of the lease beyond the primary or definite term thereof. If such affidavit is not so recorded, then after the expiration of such six-year period, or six months after the expiration of the primary or definite term set forth in the lease, whichever is later, the record of such lease, if any, shall cease to be notice and shall have no more effect than an unrecorded instrument.     History. Source: L. 67: P. 160, § 1; C.R.S. 1963: § 118-13-6. History. Source: L. 67: P. 160, § 1; C.R.S. 1963: § 118-13-6.    ANNOTATION   Law reviews. For article, “Top Leasing for Oil and Gas: The Legal Perspective”, see 59 U. Den. L.J. 641 (1982).
CO Code § 38-43-101 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 43 - Oil, Gas, and Other Natural Resources - Leases|§ 38-43-101. Appointment of Trustee to Make Oil, Gas, or Other Mineral Lease Where Contingent Future Interests Are Involved

  Where lands in this state, or any estate or interest therein, are subject to contingent future interests, legal or equitable, whether arising by way of remainder, reversion, possibility of reverter, executory devise, upon the happening of a condition subsequent, or otherwise, created by deed, will, or other instrument, and whether a trust is involved or not, and it is made to appear that it will be advantageous to the present and ultimate owners of said lands or any estate or interest therein that such lands, estate, or interest be leased for the production of minerals, including oil, gas, and other natural resources, or any of them, upon the filing of a complaint by any person having a vested, contingent, or possible interest in said lands, or any estate or interest therein, or by any trustee holding title to any such property in trust, the district or probate court which is administering such lands or any estate or interest therein under a testamentary trust shall have the concurrent power and jurisdiction, pending the happening of any contingency and the vesting of such future interest, to appoint a trustee for such lands, or any estate or interest therein, and to authorize and direct such trustee to sell, execute, and deliver a valid lease covering the minerals, oil, gas, and other natural resources, or any of them, in, on, or under said lands, or any estate or interest therein.    Where the instrument appointing any executor, trustee, or other fiduciary confers the power on such fiduciary to execute leases for the production of minerals, oil, gas, and other natural resources from the lands, or interest therein, which is subject to any such contingent future interest, then no other person except such executor, trustee, or other fiduciary shall have the right to file a complaint as provided in this article.    Any lease executed under this article shall not affect or cover any undivided interest in any such lands, title to which is then vested in fee simple and is not subject to any contingent future interest, but shall cover only such undivided interest therein or the entire interest therein which is subject to some contingent future interest.     History. Source: L. 55: P. 726, § 1. CRS 53: § 118-14-1. C.R.S. 1963: § 118-14-1. L. 64: P. 308, § 271. History. Source: L. 55: P. 726, § 1. CRS 53: § 118-14-1. C.R.S. 1963: § 118-14-1. L. 64: P. 308, § 271.    ANNOTATION   Law reviews. For article, “Highlights of the 1955 Colorado Legislative Session--Oil and Gas”, see 28 Rocky Mt. L. Rev. 53 (1955).
CO Code § 38-43-102 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 43 - Oil, Gas, and Other Natural Resources - Leases|§ 38-43-102. Parties - Representation of Minors, Persons of Unsound Mind, and Persons Not in Being

 All persons in being having a vested, contingent, or possible interest in the lands or estate or interest sought to be leased shall be made parties to such proceedings, and all persons unknown and all persons not in being, who may have or become entitled to a vested, contingent, or possible interest in such lands, may also be made parties to such proceedings by the general description of unknown persons. Such proceedings shall be in the nature of an action in rem, and the process, practice, and procedure shall be in compliance with the Colorado rules of civil procedure then in effect. The court shall appoint a guardian ad litem to represent any such parties who may be minors or persons of unsound mind, unless they are represented by their statutory guardians or conservators. If the court specifically finds that the welfare or interest of any person not in being requires special representation, the court may appoint a guardian ad litem to represent such unknown party not in being, and such guardian ad litem shall file such pleadings or answer and take such steps as he deems proper, and such unknown person not in being will be fully bound by the proceedings under this article, and same shall be conclusive on any such person. Otherwise, and in the absence of such findings by the court, it shall not be necessary to make parties any persons not in being, but the persons in being who are parties shall stand for and represent the full title and whole interest in said lands, or estate or interest therein, and all parties not in being who might have some contingent or future interest therein, and all persons, whether in being or not in being, having any interest, present, future, or contingent, in the property sought to be leased will be fully bound by the proceedings under this article, and same shall be conclusive on all such persons.   History. Source: L. 55: P. 727, § 2. CRS 53: § 118-14-2. C.R.S. 1963: § 118-14-2. History. Source: L. 55: P. 727, § 2. CRS 53: § 118-14-2. C.R.S. 1963: § 118-14-2.
CO Code § 38-43-103 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 43 - Oil, Gas, and Other Natural Resources - Leases|§ 38-43-103. Contents of Complaint

 The complaint shall describe the property sought to be leased with reasonable certainty and, insofar as it is known to the plaintiff or as can be ascertained with reasonable diligence, shall set forth the names of all persons interested in such property together with their respective estates or interests, either vested, contingent, or executory; whether said land is proven or unproven as to its oil, gas, or other mineral content; its distance from producing or drilling wells or producing mines; and the reasons why it is necessary, desirable, or beneficial that the property be leased for the production of minerals, including oil, gas, and other natural resources, or any of them. If a bona fide offer to lease has been obtained, the complaint shall also set forth the name of the proposed lessee, the true consideration for said lease, and a general statement as to the provisions of said proposed lease, or a copy of the proposed form of such lease setting forth the terms and conditions thereof may be attached to the complaint.   History. Source: L. 55: P. 728, § 3. CRS 53: § 118-14-3. C.R.S. 1963: § 118-14-3. History. Source: L. 55: P. 728, § 3. CRS 53: § 118-14-3. C.R.S. 1963: § 118-14-3.
CO Code § 38-43-104 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 43 - Oil, Gas, and Other Natural Resources - Leases|§ 38-43-104. Private or Public Sale of Lease

 The court, after a hearing, may thereupon by order approve the leasing of said property by private contract with the proposed lessee and shall appoint a trustee, as provided in this article, and direct such trustee to execute such lease on the form proposed or such form as is satisfactory to the court, and such lease so executed shall be valid and binding and conclusive on all parties. The court, in its discretion, may order the leasing of said property to be conducted at public sale upon such notice and in such manner as the court shall direct. In the event of a public sale, such sale shall be reported back to the court and no lease shall be executed and delivered by the trustee until and unless the sale of said lease is approved by the court.   History. Source: L. 55: P. 728, § 4. CRS 53: § 118-14-4. C.R.S. 1963: § 118-14-4. History. Source: L. 55: P. 728, § 4. CRS 53: § 118-14-4. C.R.S. 1963: § 118-14-4.
CO Code § 38-43-105 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 43 - Oil, Gas, and Other Natural Resources - Leases|§ 38-43-105. Terms of Lease: Pooling and Unitization

 Any lease which covers minerals or natural resources other than oil or gas or related hydrocarbons shall be for such term and contain such provisions as may be approved by the court. A lease which specifically covers oil and gas and which may also cover other minerals may be for a primary term not exceeding ten years and as long thereafter as oil, or gas, or other minerals may be produced from the premises embraced in such lease or as long as drilling operations are diligently continued. Such oil and gas lease may provide for pooling, unitization, or consolidation of the leased premises, or any part thereof, with other lands in the same general area to establish a cooperative or unit plan of development or operation and for the apportionment of royalties on production from any such unitized area on an acreage basis. The trustee appointed under this article, or any successor trustee, shall have the power at any time while such trust continues, with the approval of the court, to enter into any agreement providing for such pooling or unitization of all or any part of the leased premises and to bind thereby the said property and all owners thereof having any interest therein whether present, future, or contingent.   History. Source: L. 55: P. 728, § 5. CRS 53: § 118-14-5. C.R.S. 1963: § 118-14-5. History. Source: L. 55: P. 728, § 5. CRS 53: § 118-14-5. C.R.S. 1963: § 118-14-5.
CO Code § 38-43-106 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 43 - Oil, Gas, and Other Natural Resources - Leases|§ 38-43-106. Trustees - Control of Court, Removal or Resignation, Successor, Bond, Compensation

 Any suitable person, bank, or trust company may be appointed trustee under this article, and if a trust is in existence and there is a trustee serving under the trust, the trustee appointed by the court under this section may, in the court's discretion, be the same trustee as is serving under the existing trust, even though he is not a resident of this state, and may be acting under the control of any other court in the United States. The trustee shall be under the continuing control of the court and may be removed by the court at will. Upon such removal or upon the death or resignation of the trustee or any of them, the court may appoint a successor. The court may in its sole discretion, at any time it may be deemed advisable, require such trustee to give a bond in favor of the owners of the property which is to be or has been leased, and shall fix the amount of such bond and may from time to time require a bond in additional amounts. Said trustee shall be allowed as compensation for his services such sums as the court from time to time may fix, to be paid from moneys collected by him.   History. Source: L. 55: P. 729, § 6. CRS 53: § 118-14-6. C.R.S. 1963: § 118-14-6. History. Source: L. 55: P. 729, § 6. CRS 53: § 118-14-6. C.R.S. 1963: § 118-14-6.
CO Code § 38-43-107 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 43 - Oil, Gas, and Other Natural Resources - Leases|§ 38-43-107. Title of Purchaser

 Where any lease has been executed under the provisions of this article, the title of the lessee under such lease shall be indefeasible by any party to the suit, or by any person who was virtually represented therein by any party to the suit, or by any person who was not in being at the time the suit was commenced. If the decree or order under which such lease was executed is afterwards reversed or set aside for any reason, except for fraud, collusion, or other misconduct of the purchaser or lessee, the title of such purchaser or lessee shall not be affected thereby; but all subsequent orders and decrees shall affect only the proceeds of sale or the reversion subject to such lease, together with the proceeds, rentals, and royalties payable under the terms of the lease.   History. Source: L. 55: P. 729, § 7. CRS 53: § 118-14-7. C.R.S. 1963: § 118-14-7. History. Source: L. 55: P. 729, § 7. CRS 53: § 118-14-7. C.R.S. 1963: § 118-14-7.
CO Code § 38-43-108 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 43 - Oil, Gas, and Other Natural Resources - Leases|§ 38-43-108. Disposition of Proceeds

 The proceeds of sale, and the reversion subject to any such lease for the development of minerals, including oil, gas, and other natural resources, or any of them, together with the proceeds, rentals, and royalties accruing from any such lease, shall, in all respects, be substituted for and stand in place of the property so leased, as regards the ownership and enjoyment thereof, and all persons shall have the same estates or interests, vested, contingent, or executory in such proceeds of sale, or in the reversion subject to any such lease, together with the proceeds, rentals, and royalties accruing from any such lease as they had or would have had in the property so leased. The proceeds of sale or bonus and rentals payable under the terms of such lease coming into the hands of the trustee may be paid, under proper order of court, to the life tenant or other person entitled thereto. Under proper order of court, the trustee shall be authorized to invest and reinvest funds and income from royalties coming into his hands in such securities as fiduciaries are authorized to invest the moneys in their custody, which investments shall remain intact until the ultimate taker is determined and shall then be paid over to such ultimate taker as ordered by the court and the trust closed. Income from investments shall be paid to the life tenant or other person entitled thereto under proper order of court. The court shall make all proper orders and decrees for the faithful application of the funds and for the management and preservation of any property or securities in which the same may be invested for the protection of the rights of all persons having any estate or interest in the leased property, whether vested, contingent, or executory.   History. Source: L. 55: P. 730, § 8. CRS 53: § 118-14-8. C.R.S. 1963: § 118-14-8. History. Source: L. 55: P. 730, § 8. CRS 53: § 118-14-8. C.R.S. 1963: § 118-14-8.    ANNOTATION   Law reviews. For article, “One Year Review of Contracts”, see 36 Dicta 19 (1959).
CO Code § 38-43-109 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 43 - Oil, Gas, and Other Natural Resources - Leases|§ 38-43-109. Remedies Herein Provided Cumulative, Contracts and Options

 The rights, powers, authorities, and remedies provided for in this article shall be cumulative and in addition to other existing rights, powers, authorities, and remedies. Any executor, trustee, or other fiduciary or attorney-in-fact having express or implied powers to execute leases for the production of oil, gas, or other minerals may freely do so under the provisions of the instrument appointing them without the necessity of proceeding as provided in this article. The powers of trustees appointed under this article to execute leases includes the power, under proper order of court, to enter into, execute, and deliver valid contracts and option agreements relating to the future execution or delivery of such leases and contracts granting exclusive rights to enter such lands to make geophysical and geological surveys, explorations, and tests including core drilling.   History. Source: L. 55: P. 730, § 9. CRS 53: § 118-14-9. C.R.S. 1963: § 118-14-9. History. Source: L. 55: P. 730, § 9. CRS 53: § 118-14-9. C.R.S. 1963: § 118-14-9.
CO Code § 38-44-102 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 44 - Establishing Disputed Boundaries|§ 38-44-102. Notice

 Notice of such action shall be given as in other cases and if the defendants or any of them are nonresidents of the state, or unknown, they may be served by publication as provided by law.   History. Source: L. 07: P. 287, § 2. Code 08: § 298. Code 21: § 299. Code 35: § 299. CRS 53: § 118-11-2. C.R.S. 1963: § 118-11-2. History. Source: L. 07: P. 287, § 2. Code 08: § 298. Code 21: § 299. Code 35: § 299. CRS 53: § 118-11-2. C.R.S. 1963: § 118-11-2.
CO Code § 38-44-103 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 44 - Establishing Disputed Boundaries|§ 38-44-103. Pleadings - Trial of Issues

 The action shall be a civil action, and the only necessary pleadings therein shall be the petition of plaintiff describing the land involved and, insofar as may be, the interest of the respective party and asking that certain corners and boundaries therein described, as accurately as may be, be established. Either the plaintiff or the defendant, by proper plea, may put in issue the fact that certain alleged boundaries or corners are true ones or that such have been recognized and acquiesced in by the parties or their grantors for a period of twenty consecutive years, which issue may be tried before a commission appointed in the discretion of the court.   History. Source: L. 07: P. 287, § 3. Code 08: § 299. Code 21: § 300. Code 35: § 300. CRS 53: § 118-11-3. C.R.S. 1963: § 118-11-3. History. Source: L. 07: P. 287, § 3. Code 08: § 299. Code 21: § 300. Code 35: § 300. CRS 53: § 118-11-3. C.R.S. 1963: § 118-11-3.    ANNOTATION   Applied in Kelly v. Mullin, 159 Colo. 573 , 413 P.2d 186 (1966).
CO Code § 38-44-104 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 44 - Establishing Disputed Boundaries|§ 38-44-104. Commissioners - County Surveyor

 The court in which said action is brought may appoint the county surveyor or, if there is no county surveyor or if the court deems it in the best interest of the parties, shall appoint a commission of one or more disinterested surveyors who, at a date and place fixed by the court in the order of appointment, shall proceed to locate the lost, destroyed, or disputed corners and boundaries.   History. Source: L. 07: P. 287, § 4. Code 08: § 300. Code 21: § 301. Code 35: § 301. CRS 53: § 118-11-4. C.R.S. 1963: § 118-11-4. L. 79: Entire section amended, p. 479, § 5, effective July 1. History. Source: L. 07: P. 287, § 4. Code 08: § 300. Code 21: § 301. Code 35: § 301. CRS 53: § 118-11-4. C.R.S. 1963: § 118-11-4. L. 79: Entire section amended, p. 479, § 5, effective July 1.    ANNOTATION   Applied in Davis v. Dilley, 147 Colo. 395 , 363 P.2d 658 (1961).
CO Code § 38-44-105 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 44 - Establishing Disputed Boundaries|§ 38-44-105. Oath or Affirmation - Assistants

 The commissioners so appointed shall take an oath or affirmation in accordance with section 24-12-101 and shall have power to appoint all necessary assistants.   History. Source: L. 07: P. 287, § 5. Code 08: § 301. Code 21: § 302. Code 35: § 302. CRS 53: § 118-11-5. C.R.S. 1963: § 118-11-5. L. 2018: Entire section amended,(HB 18-1138), ch. 88, p. 704, § 48, effective August 8. History. Source: L. 07: P. 287, § 5. Code 08: § 301. Code 21: § 302. Code 35: § 302. CRS 53: § 118-11-5. C.R.S. 1963: § 118-11-5. L. 2018: Entire section amended,(HB 18-1138), ch. 88, p. 704, § 48, effective August 8.    Cross references:   For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.
CO Code § 38-44-106 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 44 - Establishing Disputed Boundaries|§ 38-44-106. Hearing

 At the time and in the manner specified in the order of court, the commission shall proceed to locate said boundaries and corners and for that purpose may take the testimony of witnesses as to where the true boundaries and corners are located; and, when so ascertained, the commission shall mark the same by erecting or putting down permanent and fixed monuments at all corners so located. In its report to the court, the commission shall file a map or plat showing all monuments, lines, and any other evidences or witness marks that will more nearly identify the corners and, if that issue is presented, shall also take testimony as to whether the boundaries or corners alleged to have been recognized and acquiesced in for twenty years or more have in fact been recognized and acquiesced in. If it finds affirmatively on such issue, it shall incorporate the same into the report to the court.   History. Source: L. 07: P. 287, § 6. Code 08: § 302. Code 21: § 303. Code 35: § 303. CRS 53: § 118-11-6. C.R.S. 1963: § 118-11-6. History. Source: L. 07: P. 287, § 6. Code 08: § 302. Code 21: § 303. Code 35: § 303. CRS 53: § 118-11-6. C.R.S. 1963: § 118-11-6.    Cross references:   For methods of erecting monuments at corners, see § 38-51-104 .   ANNOTATION   Monuments of original survey control, and it is a general rule that the original corners as established by the government surveyors, if they can be found, or the places where they were originally established, if that can be definitely determined, are conclusive on all persons owning or claiming to hold with reference to such survey and the monuments placed by the original surveyor without regard to whether they were correctly located or not. Brackett v. Cleveland, 147 Colo. 328 , 363 P.2d 1050 (1961).   Relocation of obliterated corners is first step in settling boundary dispute. Where section corners have been obliterated, and there is a dispute as to boundaries, the correct rule in determining these boundaries is first to relocate the corners. Brackett v. Cleveland, 147 Colo. 328 , 363 P.2d 1050 (1961).   Applied in Smith v. Dorsey, 29 Colo. App. 369, 483 P.2d 1359 (1971).
CO Code § 38-44-107 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 44 - Establishing Disputed Boundaries|§ 38-44-107. Adjournments and Report

 The proceedings may be adjourned by the commission from time to time as may be necessary, but the survey and location of the corners and boundaries must be complete and the report thereof filed with the clerk of the court at least ten days before the first day of the term next following that of its appointment, unless the court appointing it makes an order for an earlier report.   History. Source: L. 07: P. 288, § 7. Code 08: § 303. Code 21: § 304. Code 35: § 304. CRS 53: § 118-11-7. C.R.S. 1963: § 118-11-7. History. Source: L. 07: P. 288, § 7. Code 08: § 303. Code 21: § 304. Code 35: § 304. CRS 53: § 118-11-7. C.R.S. 1963: § 118-11-7.