reglab/housing_qa huggingface dataset:
CO Code § 36-2-112 (2021)
2021 Colorado Code|Title 36 - Natural Resources - General|Article 2 - Rights of Occupants|§ 36-2-112. Town Lots - Abandonment - Mining Districts

 Any person who has a title to occupy any lot within any city or village plot, or any lots or mining claim within any mining district in this state by virtue of a certificate, deed of gift or purchase from the original claimant, or his assigns, as well as all purchasers, under any decree or execution of any of the so-called provisional government courts, people's or miners' courts, of the lands situate within any city or village plot, or any lots, lands, or mining claims situate within any mining district, together with the original claimant of the lots, lands, or mining claims, shall be entitled to maintain the actions authorized by section 36-2-108 against any person who enters upon and occupies the lots, lands, or mining claims, or any of them. It is lawful for the citizens of mining districts to declare an abandonment of any creek, river, gulch, bank, or mining claim a forfeiture of the rights of the claimants thereto; in which case the parties claimant shall not be enabled to maintain any of the actions mentioned in section 36-2-108 .   History. Source: R.S. P. 533, § 12. G.L. § 2135. G.S. § 2685. R.S. 08: § 5131. C.L. § 1114. CSA: C. 134, § 12. CRS 53: § 112-1-12. C.R.S. 1963: § 112-1-12. History. Source: R.S. P. 533, § 12. G.L. § 2135. G.S. § 2685. R.S. 08: § 5131. C.L. § 1114. CSA: C. 134, § 12. CRS 53: § 112-1-12. C.R.S. 1963: § 112-1-12.    ANNOTATION   To maintain an action for injury to a mining claim, it is not necessary that the claimant should reside on the premises, nor that it should be inclosed or cultivated, nor that he should have a of the claim, according to the common acceptation of that term. McFeters v. Pierson, 15 Colo. 201 , 24 P. 1076 (1890).  pedis possessio
CO Code § 36-2-113 (2021)
2021 Colorado Code|Title 36 - Natural Resources - General|Article 2 - Rights of Occupants|§ 36-2-113. Right of United States Not Denied

 Nothing in this article shall be construed to deny the right of the United States to dispose of any lands in this state; nor shall the fact that the title to any lots, lands, lodes, or mining claims has not passed from the United States be any bar to the recovery of the plaintiff in any of the actions specified in section 36-2-108 . As against the United States, and all persons holding any of the lands under the United States, or the laws thereof, this article shall be ineffective and void.   History. Source: R.S. P. 533, § 13. G.L. § 2136. G.S. § 2686. R.S. 08: § 5132. C.L. § 1115. CSA: C. 134, § 13. CRS 53: § 112-1-13. C.R.S. 1963: § 112-1-13. History. Source: R.S. P. 533, § 13. G.L. § 2136. G.S. § 2686. R.S. 08: § 5132. C.L. § 1115. CSA: C. 134, § 13. CRS 53: § 112-1-13. C.R.S. 1963: § 112-1-13.    ANNOTATION   Law reviews. For article, “The Myth of the Classic Property Clause Doctrine”, see 63 Den. U.L. Rev. 495 (1986).   The rights given do not apply to land held under federal preemption or homestead laws. The law regulating the rights of settlers upon government land, as between themselves, has no force as applied to land which has been filed upon and is held under the preemption or homestead law of the United States. Union Pac. Ry. v. Kennedy, 12 Colo. 235 , 20 P. 696 (1888).   There can be no recovery in ejectment against homestead claimant. An occupant of public lands claiming under this article will not be allowed to recover in ejectment against a claimant under the homestead act of the United States, and the plaintiff in such case will not be permitted to twist his action into an action for trespass. Rudolph v. Thompson, 66 Colo. 98 , 179 P. 151 (1919).   Squatter on “school land” acquired no rights as against the federal government. Where a squatter on “school land”, which was given to the state by the national government, filed his declaratory statement as prescribed by § 36-2-105 , whatever possessory rights were thus conferred, it is clear, not only by virtue of the provisions of this section, but in the absence of such provision, the respondent acquired no rights of any kind as against the United States, or its grantees. Farmers' High Line Canal & Reservoir Co. v. Moon, 22 Colo. 560 , 45 P. 437 (1896).
CO Code § 36-2-114 (2021)
2021 Colorado Code|Title 36 - Natural Resources - General|Article 2 - Rights of Occupants|§ 36-2-114. Mining Claims Not Affected

 Sections 36-2-110 and 36-2-111 are not intended and shall not be construed to affect or apply to mining claims but shall affect and be applicable to claims held or used for arable or pastoral agriculture only.   History. Source: R.S. P. 534, § 14. G.L. § 2137. G.S. § 2687. R.S. 08: § 5133. C.L. § 1116. CSA: C. 134, § 14. CRS 53: § 112-1-14. C.R.S. 1963: § 112-1-14. History. Source: R.S. P. 534, § 14. G.L. § 2137. G.S. § 2687. R.S. 08: § 5133. C.L. § 1116. CSA: C. 134, § 14. CRS 53: § 112-1-14. C.R.S. 1963: § 112-1-14.
CO Code § 36-2-115 (2021)
2021 Colorado Code|Title 36 - Natural Resources - General|Article 2 - Rights of Occupants|§ 36-2-115. Mining Under Claim - Bond - Damages

 When any improvements are made upon any claim held or used for arable or pastoral agriculture or upon any building lot, mill site, or other lot or premises and any person demands of the claimant to mine any portion of the claim upon which such improvements have been made, it is lawful for the occupant or holder of the claim to require a good and sufficient bond, in a sum double the value of the improvements upon the land sought to be mined, from the party demanding to mine upon the claim, with two or more sureties, to be approved by the county court of the county in which the claim is situate conditioned that the party shall pay all damage which may be sustained by the occupant or holder of such claim to the improvements thereon.   History. Source: R.S. P. 534, § 15. G.L. § 2138. G.S. § 2688. R.S. 08: § 5134. C.L. § 1117. CSA: C. 134, § 15. CRS 53: § 112-1-15. C.R.S. 1963: § 112-1-16. L. 64: P. 301, § 257. History. Source: R.S. P. 534, § 15. G.L. § 2138. G.S. § 2688. R.S. 08: § 5134. C.L. § 1117. CSA: C. 134, § 15. CRS 53: § 112-1-15. C.R.S. 1963: § 112-1-16. L. 64: P. 301, § 257.    ANNOTATION   The provisions of this section are for the benefit of the surface owner. Campbell v. Louisville Coal Mining Co., 39 Colo. 379 , 89 P. 767 (1907).   Owner's failure to exact such security as a condition precedent to removing the minerals does not release the parties removing such minerals from the payment of damages occasioned by their negligence. Campbell v. Louisville Coal Mining Co., 39 Colo. 379 , 89 P. 767 (1907).
CO Code § 36-2-116 (2021)
2021 Colorado Code|Title 36 - Natural Resources - General|Article 2 - Rights of Occupants|§ 36-2-116. Assessment of Damage to Improvements

 It is the duty of the county judge, by whom the bond is required to be approved in case the value of the improvements cannot be agreed upon by the claimant and the party seeking to mine, to appoint a day and hour to hear testimony respecting the value of the improvements which may be damaged by reason of such mining.   History. Source: R.S. P. 534, § 16. G.L. § 2139. G.S. § 2689. R.S. 08: § 5135. C.L. § 1118. CSA: C. 134, § 16. CRS 53: § 112-1-16. C.R.S. 1963: § 112-1-16. L. 64: P. 301, § 257. History. Source: R.S. P. 534, § 16. G.L. § 2139. G.S. § 2689. R.S. 08: § 5135. C.L. § 1118. CSA: C. 134, § 16. CRS 53: § 112-1-16. C.R.S. 1963: § 112-1-16. L. 64: P. 301, § 257.
CO Code § 36-2-117 (2021)
2021 Colorado Code|Title 36 - Natural Resources - General|Article 2 - Rights of Occupants|§ 36-2-117. Justification of Sureties

 It is the duty of the county judge to require the sureties entering into such bond to justify before him, each in the sum stated in the bond. If the claimant excepts to the sureties, or either of them, it is lawful for the judge, and he is required, to examine the sureties excepted to on oath, touching the sufficiency of said sureties; and, if the judge finds any of the sureties insufficient, it is the duty of the judge to require further sufficient sureties, which shall be likewise approved and justified.   History. Source: R.S. P. 534, § 17. G.L. § 2140. G.S. § 2690. R.S. 08: § 5136. C.L. § 1119. CSA: C. 134, § 17. CRS 53: § 112-1-17. C.R.S. 1963: § 112-1-17. L. 64: P. 301, § 258. History. Source: R.S. P. 534, § 17. G.L. § 2140. G.S. § 2690. R.S. 08: § 5136. C.L. § 1119. CSA: C. 134, § 17. CRS 53: § 112-1-17. C.R.S. 1963: § 112-1-17. L. 64: P. 301, § 258.
CO Code § 36-2-118 (2021)
2021 Colorado Code|Title 36 - Natural Resources - General|Article 2 - Rights of Occupants|§ 36-2-118. Weekly Demand of Damages

 It shall be competent for the claimant to demand from the obligees in the bond, at any time after one week after mining is commenced on the claim, such sum as may be equal to the damage done to the improvements thereon, and after every week it shall be competent for the claimant to make a like demand, unless the payment of the damage done or to be done to the improvements shall by the claimant be postponed for a longer time.   History. Source: R.S. P. 534, § 18. G.L. § 2141. G.S. § 2691. R.S. 08: § 5137. C.L. § 1120. CSA: C. 134, § 18. CRS 53: § 112-1-18. C.R.S. 1963: § 112-1-18. History. Source: R.S. P. 534, § 18. G.L. § 2141. G.S. § 2691. R.S. 08: § 5137. C.L. § 1120. CSA: C. 134, § 18. CRS 53: § 112-1-18. C.R.S. 1963: § 112-1-18.
CO Code § 36-3-101 (2021)
2021 Colorado Code|Title 36 - Natural Resources - General|Article 3 - Desert Lands|§ 36-3-101. Acceptance of Congressional Grant

 The state of Colorado accepts the conditions of section 4 of an act of congress entitled “An Act making appropriations for sundry civil expenses of the government for the fiscal year ending June 30, 1894, and for other purposes, approved August 18, 1894.”, together with all the grants of land to the state under the provisions of the act.   History. Source: L. 1895: P. 157, § 1. R.S. 08: § 5138. C.L. § 1121. CSA: C. 134, § 19. CRS 53: § 112-2-1. C.R.S. 1963: § 112-2-1. History. Source: L. 1895: P. 157, § 1. R.S. 08: § 5138. C.L. § 1121. CSA: C. 134, § 19. CRS 53: § 112-2-1. C.R.S. 1963: § 112-2-1.    Cross references:   For the provisions of “An Act making appropriations for sundry civil expenses of the government for the fiscal year ending June 30, 1894”, see 43 U.S.C. § 641; chap. 301, section 4 of 28 Stat. 422, known as the “Carey Act”.
CO Code § 36-3-102 (2021)
2021 Colorado Code|Title 36 - Natural Resources - General|Article 3 - Desert Lands|§ 36-3-102. Selection and Disposal of Lands

 The selection, management, and disposal of the land shall be vested in the state board of land commissioners.   History. Source: L. 1895: P. 157, § 2. R.S. 08: § 5139. L. 11: P. 304, § 1. C.L. § 1122. CSA: C. 134, § 20. CRS 53: § 112-2-2. C.R.S. 1963: § 112-2-2. History. Source: L. 1895: P. 157, § 2. R.S. 08: § 5139. L. 11: P. 304, § 1. C.L. § 1122. CSA: C. 134, § 20. CRS 53: § 112-2-2. C.R.S. 1963: § 112-2-2.
CO Code § 36-3-103 (2021)
2021 Colorado Code|Title 36 - Natural Resources - General|Article 3 - Desert Lands|§ 36-3-103. Acceptance of Conditions

 The state accepts the conditions of section 4 of an act of congress, entitled “An Act making appropriations for sundry civil expenses of the government for the fiscal year ending June 30, 1894.”, together with all acts amendatory thereto, including the amendatory acts of congress of June 11, 1896, March 3, 1901, March 1, 1907, February 24, 1909, and March 15, 1910, together with all grants of land made or to be made under the provisions of the acts.   History. Source: L. 1895: P. 157, § 1. R.S. 08: § 5138. L. 11: P. 303, § 1. C.L. §§ 1121, 1123. CSA: C. 134, §§ 19, 21. CRS 53: § 112-2-3. C.R.S. 1963: § 112-2-3. History. Source: L. 1895: P. 157, § 1. R.S. 08: § 5138. L. 11: P. 303, § 1. C.L. §§ 1121, 1123. CSA: C. 134, §§ 19, 21. CRS 53: § 112-2-3. C.R.S. 1963: § 112-2-3.    Cross references:   For the provisions of “An Act making appropriations for sundry civil expenses of the government for the fiscal year ending June 30, 1894”, see 43 U.S.C. § 641; chap. 301, section 4 of 28 Stat. 422, known as the “Carey Act”.
CO Code § 36-3-104 (2021)
2021 Colorado Code|Title 36 - Natural Resources - General|Article 3 - Desert Lands|§ 36-3-104. Control of Land - Carey Act Fund

 The selection, management, and disposal of the land and all such lands as may be granted on or after June 1, 1911, to the state by the United States shall be vested in the state board of land commissioners as constituted, and that board is empowered to accept all moneys upon the part of the state from the purchasers of the land, and to place the same in a fund to be designated as the “Carey act fund”, and to disburse the same as provided in this section. It is empowered to accept from the settlers, filing on lands under the provisions of the acts within the former Southern Ute and Ute Indian reservations, as defined in the amendatory acts of congress of March 1, 1907, and February 24, 1909, the sum of one dollar and twenty-five cents per acre for each acre thereof to be patented and to pay the same into the treasury of the United States. The board is authorized to accept any future grants of such lands by the United States to this state and to agree to and accept on behalf of the state any conditions that may be imposed by the United States in relation thereto.   History. Source: L. 11: P. 303, § 2. C.L. § 1124. CSA: C. 134, § 22. CRS 53: § 112-2-4. C.R.S. 1963: § 112-2-4. L. 96: Entire section amended, p. 1222, § 22, effective August 7. History. Source: L. 11: P. 303, § 2. C.L. § 1124. CSA: C. 134, § 22. CRS 53: § 112-2-4. C.R.S. 1963: § 112-2-4. L. 96: Entire section amended, p. 1222, § 22, effective August 7.    Cross references:    For the “Carey Act” and amendments thereto, see 43 U.S.C. §§ 641-648; for duties of the state board of land commissioners, see article 1 of this title and §§ 9 and 10 of art. IX, Colo. Const.    For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996.
CO Code § 36-3-105 (2021)
2021 Colorado Code|Title 36 - Natural Resources - General|Article 3 - Desert Lands|§ 36-3-105. Record of Proceedings of Land Board

 The register of the board shall act as secretary, and it is his duty to keep a careful record of the transactions of the board in substantially bound books to be kept for that purpose and which shall be known as the record and proceedings of the state board of land commissioners under this article.   History. Source: L. 1895: P. 157, § 3. R.S. 08: § 5140. C.L. § 1125. CSA: C. 134, § 23. CRS 53: § 112-2-5. C.R.S. 1963: § 112-2-5. History. Source: L. 1895: P. 157, § 3. R.S. 08: § 5140. C.L. § 1125. CSA: C. 134, § 23. CRS 53: § 112-2-5. C.R.S. 1963: § 112-2-5.
CO Code § 36-3-106 (2021)
2021 Colorado Code|Title 36 - Natural Resources - General|Article 3 - Desert Lands|§ 36-3-106. Duties and Powers of Register

 The register of the board shall have the custody of the records of the board, receive and file all proposals for the construction of irrigation works to reclaim lands selected under the provisions of this article, prepare and keep for public inspection maps and plats on a scale of two inches to the mile of all lands selected, receive entries of settlers on these lands and hear or receive the final proof of their reclamation under the rules and regulations prescribed by the state board of land commissioners, and do all work required by the board in carrying out the provisions of this article. He shall have authority to administer oaths whenever necessary in the performance of his duties as register and secretary of the board.   History. Source: L. 1895: P. 157, § 4. R.S. 08: § 5141. C.L. § 1126. CSA: C. 134, § 24. CRS 53: § 112-2-6. C.R.S. 1963: § 112-2-6. History. Source: L. 1895: P. 157, § 4. R.S. 08: § 5141. C.L. § 1126. CSA: C. 134, § 24. CRS 53: § 112-2-6. C.R.S. 1963: § 112-2-6.
CO Code § 36-3-108 (2021)
2021 Colorado Code|Title 36 - Natural Resources - General|Article 3 - Desert Lands|§ 36-3-108. Certified Check With Proposal

 A certified check payable to the state board of land commissioners for a sum of not less than two hundred fifty dollars and not more than two thousand five hundred dollars, as may be determined by the rules of the board, shall accompany each such request and proposal. It shall be held as a guarantee of the execution of the contract with the state, in accordance with its terms, by the party submitting such proposal, in case of the approval of the same and the selection of the land by the board. It shall be forfeited to the state in case of failure of the parties to enter into a contract with the state, in accordance with the provisions of this article.   History. Source: L. 1895: P. 158, § 6. R.S. 08: § 5143. C.L. § 1128. CSA: C. 134, § 26. CRS 53: § 112-2-8. C.R.S. 1963: § 112-2-8. History. Source: L. 1895: P. 158, § 6. R.S. 08: § 5143. C.L. § 1128. CSA: C. 134, § 26. CRS 53: § 112-2-8. C.R.S. 1963: § 112-2-8.
CO Code § 36-3-109 (2021)
2021 Colorado Code|Title 36 - Natural Resources - General|Article 3 - Desert Lands|§ 36-3-109. Application to State Engineer - Maps

 The person, company of persons, associations, or incorporated companies, making application to the board for the selection of lands by the state, shall have filed with the state engineer an application to appropriate water for the reclamation of the lands described in the request to the board. This application shall be of a form prescribed by the state engineer and shall be accompanied by two copies of the map of the land to be selected, which shall show accurately the location and dimensions of the proposed irrigation works. The maps of the lands and proposed irrigation shall be prepared in accordance with the regulations of the state engineer's office and rules of the department of the interior.   History. Source: L. 1895: P. 159, § 7. R.S. 08: § 5144. L. 11: P. 305, § 2. C.L. § 1129. CSA: C. 134, § 27. CRS 53: § 112-2-9. C.R.S. 1963: § 112-2-9. History. Source: L. 1895: P. 159, § 7. R.S. 08: § 5144. L. 11: P. 305, § 2. C.L. § 1129. CSA: C. 134, § 27. CRS 53: § 112-2-9. C.R.S. 1963: § 112-2-9.
CO Code § 36-3-110 (2021)
2021 Colorado Code|Title 36 - Natural Resources - General|Article 3 - Desert Lands|§ 36-3-110. Examination of Proposal - Report

  Immediately upon the receipt of any request and proposal as designated in section 36-3-107, it is the duty of the secretary of the board to examine the same and ascertain if it complies with the rules of the board and the regulations of the department of the interior. If it does not, it is to be returned for correction. If it does comply, it shall be submitted to the state engineer, who shall examine the same and make a written report to the board, stating whether the proposed works are feasible; whether the proposed diversion of the public waters of the state will prove beneficial to the public interest; whether there is sufficient unappropriated water in the source of supply; whether a permit to divert, store, and appropriate water through or by the proposed works has been approved by him; whether the capacity of the proposed works is adequate to reclaim the land described; and whether the maps filed comply with the requirements of his office and the regulations of the department of the interior. He shall determine whether the lands proposed to be irrigated are desert in character and such as may properly be set apart under the provisions of the act of congress referred to in section 36-3-103 and the rules and regulations of the department of the interior.    When the state engineer is unable, from an examination of the maps and field notes submitted for his examination, to determine whether the proposed irrigation works are feasible and adequate or whether the proposed diversion of the public water is beneficial to public interest and whether the lands proposed to be irrigated are of such a character as to come under the provisions of the act of congress referred to in section 36-3-103, he shall report to the board and also report the estimated cost of a survey and examination. It is his duty to make, or cause to be made by some qualified assistant, such survey or examination as will enable him to report intelligently thereon to the board when directed by the board to make such examination or survey.     History. Source: L. 1895: P. 160, § 8. R.S. 08: § 5145. C.L. § 1130. CSA: C. 134, § 28. CRS 53: § 112-2-10. C.R.S. 1963: § 112-2-10. History. Source: L. 1895: P. 160, § 8. R.S. 08: § 5145. C.L. § 1130. CSA: C. 134, § 28. CRS 53: § 112-2-10. C.R.S. 1963: § 112-2-10.
CO Code § 36-3-111 (2021)
2021 Colorado Code|Title 36 - Natural Resources - General|Article 3 - Desert Lands|§ 36-3-111. Board to Consider Proposal

 On receipt of the report of the state engineer, the register shall place the request and proposal, with the engineer's report thereon, before the board for its consideration. In case of approval the board shall instruct the register to file in the local land office a request for the withdrawal of the land described in the proposal. No request on which the state engineer has reported adversely, either as to the water supply, the feasibility of the construction, capacity of the works, or as to the character of the lands sought to be irrigated, shall be approved by the board.   History. Source: L. 1895: P. 161, § 9. R.S. 08: § 5146. C.L. § 1131. CSA: C. 134, § 29. CRS 53: § 112-2-11. C.R.S. 1963: § 112-2-11. History. Source: L. 1895: P. 161, § 9. R.S. 08: § 5146. C.L. § 1131. CSA: C. 134, § 29. CRS 53: § 112-2-11. C.R.S. 1963: § 112-2-11.
CO Code § 36-3-112 (2021)
2021 Colorado Code|Title 36 - Natural Resources - General|Article 3 - Desert Lands|§ 36-3-112. Rejection of Proposal - Second Proposal

 In case the state engineer reports adversely upon the proposed irrigation works or where requests and proposals are not approved by the board, the board shall notify the parties making such proposals of such actions and the reasons therefor. Any party so notified shall have sixty days in which to submit another proposal; but the board, at its discretion, may extend the time to six months.   History. Source: L. 1895: P. 161, § 10. R.S. 08: § 5147. C.L. § 1132. CSA: C. 134, § 30. CRS 53: § 112-2-12. C.R.S. 1963: § 112-2-12. History. Source: L. 1895: P. 161, § 10. R.S. 08: § 5147. C.L. § 1132. CSA: C. 134, § 30. CRS 53: § 112-2-12. C.R.S. 1963: § 112-2-12.
CO Code § 36-3-113 (2021)
2021 Colorado Code|Title 36 - Natural Resources - General|Article 3 - Desert Lands|§ 36-3-113. Provision for Contract - Bond

 Upon the withdrawal of the land by the department of the interior, it is the duty of the board to enter into a contract with the party submitting the proposal, which contract shall contain complete specifications of the location, dimensions, character, and estimated cost of the proposed ditch, canal, or other irrigation work and state the price and terms upon which the state is to dispose of the lands to settlers and such other conditions and provisions as the board may direct. This contract shall not be entered into on the part of the state until the withdrawal of these lands by the department of the interior and the filing of a satisfactory bond on the part of the proposed contractor for irrigation works, which bond shall be in a penal sum equal to five percent of the estimated cost of the works and conditioned upon carrying out the provisions of the contract with the state.   History. Source: L. 1895: P. 161, § 11. R.S. 08: § 5148. C.L. § 1133. CSA: C. 134, § 31. CRS 53: § 112-2-13. C.R.S. 1963: § 112-2-13. History. Source: L. 1895: P. 161, § 11. R.S. 08: § 5148. C.L. § 1133. CSA: C. 134, § 31. CRS 53: § 112-2-13. C.R.S. 1963: § 112-2-13.