reglab/housing_qa huggingface dataset:
CO Code § 34-43-108 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 43 - Claims - How Located|§ 34-43-108. To Hold Lode - Crosscut - Tunnel - Adit

 Any open cut, crosscut, or tunnel which cuts a lode at the depth of ten feet below the surface shall hold such lode, the same as if a discovery shaft were sunk thereon, or an adit of at least ten feet in along the lode, from the point where the lode may be in any manner discovered, shall be equivalent to a discovery shaft.   History. Source: L. 1874: P. 187, § 7. G.L. § 1817. G.S. § 2403. R.S. 08: § 4199. C.L. § 3285. CSA: C. 110, § 175. CRS 53: § 92-22-8. C.R.S. 1963: § 92-22-8. History. Source: L. 1874: P. 187, § 7. G.L. § 1817. G.S. § 2403. R.S. 08: § 4199. C.L. § 3285. CSA: C. 110, § 175. CRS 53: § 92-22-8. C.R.S. 1963: § 92-22-8.    ANNOTATION   Law reviews. For article, “The Requirement for a Discovery Excavation in Colorado”, see 32 Dicta 77 (1955).   Open cut, crosscut, tunnel, and adit are each made equivalent of discovery shaft. Gray v. Truby, 6 Colo. 278 , (1882); Electro-Magnetic Mining & Dev. Co. v. Van Auken, 9 Colo. 204 , 11 P. 80 (1886); Brewster v. Shoemaker, 28 Colo. 176 , 63 P. 309 (1900).   Thus, location of valid mining claim may be leased on underground discovery of mineral where the vein has never been opened on the surface. Brewster v. Shoemaker, 28 Colo. 176 , 63 P. 309 (1900).   Adit may be either open or under cover. This section, providing that an adit of at least 10 feet, in along the lode from the point where the lode may be in any manner discovered, shall be equivalent to a discovery shaft, contemplates that as to the 10 feet required it might be either open or under cover, or open in part and under cover in part, dependent upon the nature of the ground. Electro-Magnetic Mining & Dev. Co. v. Van Auken, 9 Colo. 204 , 11 P. 80 (1886).   And there is no requirement as to depth of adit although it is expressly provided that an open cut, a crosscut, and a tunnel shall cut the lode at a depth of 10 feet below the surface. Gray v. Truby, 6 Colo. 278 (1882).   But development must always be such in its dimensions and character as to make it equivalent of discovery shaft and bring it substantially within the meaning of the term “adit”. Gray v. Truby, 6 Colo. 278 (1882).   Notwithstanding provisions of this section, location certificate must correctly describe open cut, shafts, or adit, to which it refers. Duncan v. Eagle Rock Gold Mining & Reduction Co., 48 Colo. 569 , 111 P. 588 (1910).
CO Code § 34-43-109 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 43 - Claims - How Located|§ 34-43-109. Sixty Days to Sink Discovery Shaft

 The discoverer shall have sixty days from the time of uncovering or disclosing a lode to sink a discovery shaft thereon.   History. Source: L. 1874: P. 187, § 8. G.L. § 1818. G.S. § 2404. R.S. 08: § 4200. C.L. § 3286. CSA: C. 110, § 176. CRS 53: § 92-22-9. C.R.S. 1963: § 92-22-9. History. Source: L. 1874: P. 187, § 8. G.L. § 1818. G.S. § 2404. R.S. 08: § 4200. C.L. § 3286. CSA: C. 110, § 176. CRS 53: § 92-22-9. C.R.S. 1963: § 92-22-9.    ANNOTATION   Work shall be performed within 60 days from the time of making the discovery. Ingemarson v. Coffey, 41 Colo. 407 , 92 P. 908 (1907).   Sixty days runs from date of discovery of mineral and erecting of discovery notice. Ingemarson v. Coffey, 41 Colo. 407 , 92 P. 908 (1907).   Extension of time. A locator cannot extend the time within which to do this work by changing the date on his discovery stake, or renewing his notice of discovery. Ingemarson v. Coffey, 41 Colo. 407 , 92 P. 908 (1907).   As to notice of discovery protecting claim during 60-day period, see Omar v. Roper, 11 Colo. 380 , 18 P. 443 (1888).
CO Code § 34-43-110 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 43 - Claims - How Located|§ 34-43-110. What Location Includes - Extralateral Rights

 The location or location certificate of any lode claim shall be construed to include all surface ground within the surface lines thereof, and all lodes and ledges throughout their entire depth, the top or apex of which lies inside of such lines extended downward, vertically, with such parts of all lodes or ledges as continue by dip beyond the side lines of the claim, but shall not include any portion of such lodes or ledges beyond the end lines of the claim or the end lines continued, whether by dip or otherwise, or beyond the side lines in any other manner than by the dip of the lode.   History. Source: L. 1874: P. 187, § 9. G.L. § 1819. G.S. § 2405. R.S. 08: § 4201. C.L. § 3287. CSA: C. 110, § 177. CRS 53: § 92-22-10. C.R.S. 1963: § 92-22-10. History. Source: L. 1874: P. 187, § 9. G.L. § 1819. G.S. § 2405. R.S. 08: § 4201. C.L. § 3287. CSA: C. 110, § 177. CRS 53: § 92-22-10. C.R.S. 1963: § 92-22-10.    ANNOTATION   Extralateral right exists without restriction in mere holder of certificate location under this section. Cheesman v. Hart, 42 F. 98 (D. Colo. 1890 ).   As to dispute between extralateral rights of senior and junior locators, see Jefferson Mining Co. v. Anchoria LeLand Mining & Milling Co., 32 Colo. 176 , 75 P. 1070 (1904); Rico-Argentine Mining Co. v. Rico Consol. Mining Co., 74 Colo. 444 , 223 P. 31 (1923).
CO Code § 34-43-111 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 43 - Claims - How Located|§ 34-43-111. Top Not to Be Followed Beyond Lines

 If the top or apex of a lode in its longitudinal course extends beyond the exterior lines of the claim at any point on the surface, or as extended vertically downward, such lode may not be followed in its longitudinal course beyond the point where it is intersected by the exterior lines.   History. Source: L. 1874: P. 187, § 10. G.L. § 1820. G.S. § 2406. R.S. 08: § 4202. C.L. § 3288. CSA: C. 110, § 178. CRS 53: § 92-22-11. C.R.S. 1963: § 92-22-11. History. Source: L. 1874: P. 187, § 10. G.L. § 1820. G.S. § 2406. R.S. 08: § 4202. C.L. § 3288. CSA: C. 110, § 178. CRS 53: § 92-22-11. C.R.S. 1963: § 92-22-11.
CO Code § 34-43-113 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 43 - Claims - How Located|§ 34-43-113. Tunnel Claim - Recording

 If any person locates a tunnel claim for the purpose of discovery, he shall record the same, specifying the place of commencement and termination thereof with the names of the parties interested therein.   History. Source: R.S. P. 465, § 4. G.L. § 1800. G.S. § 2389. R.S. 08: § 4207. C.L. § 3290. CSA: C. 110, § 180. CRS 53: § 92-22-13. C.R.S. 1963: § 92-22-13. History. Source: R.S. P. 465, § 4. G.L. § 1800. G.S. § 2389. R.S. 08: § 4207. C.L. § 3290. CSA: C. 110, § 180. CRS 53: § 92-22-13. C.R.S. 1963: § 92-22-13.
CO Code § 34-43-116 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 43 - Claims - How Located|§ 34-43-116. Relocation of Abandoned Claims

 The relocation of abandoned lode claims shall be by sinking a new discovery shaft and fixing new boundaries in the same manner as if it were the location of a new claim; or the relocator may sink the original discovery shaft ten feet deeper than it was at the time of abandonment, and erect new or adopt the old boundaries, renewing the posts if removed or destroyed. In either case a new location stake shall be erected.   History. Source: L. 1874: P. 189, § 16. G.L. § 1825. G.S. § 2411. R.S. 08: § 4211. L. 11: P. 515, § 2. C.L. § 3293. CSA: C. 110, § 183. CRS 53: § 92-22-16. C.R.S. 1963: § 92-22-16. History. Source: L. 1874: P. 189, § 16. G.L. § 1825. G.S. § 2411. R.S. 08: § 4211. L. 11: P. 515, § 2. C.L. § 3293. CSA: C. 110, § 183. CRS 53: § 92-22-16. C.R.S. 1963: § 92-22-16.    ANNOTATION   Relocation of abandoned mining claim is made in substantially same manner as original location thereof. Armstrong v. Lower, 6 Colo. 393 (1882).   Recording claim on territory overlapping abandoned claim not relocation of that claim. The surveying, staking, and recording of a location certificate of territory previously located, which overlapped the territory of the abandoned claim, does not constitute a relocation of that claim. Omar v. Soper, 11 Colo. 380 , 18 P. 443 (1888).   No relocation possible where alleged owners in possession of claim. Where defendants were in actual possession of a mining claim, and engaged in developing it, claiming to be the owners, plaintiffs cannot initiate a title thereto by a survey and the recording of a location certificate. Omar v. Soper, 11 Colo. 380 , 18 P. 443 (1888).   Abandonment of property question of intention. A transaction affecting property may be irregular; but if the owner does not intend to abandon it, and continues in possession, claiming in good faith to be the owner, no abandonment can take place. Omar v. Soper, 11 Colo. 380 , 18 P. 443 (1888).   Original owner cannot perfect relocation after his own delinquency. To say that the original locator has the power within himself to make effectual a forfeiture arising from his own delinquency by perfecting a relocation is to place in his hands the extraordinary privilege of holding mineral lands perpetually without doing any of the work whatever. Ingemarson v. Coffey, 41 Colo. 407 , 92 P. 908 (1907).
CO Code § 34-44-101 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 44 - Tenants in Common of Mines|§ 34-44-101. Legislative Declaration

 This article shall be construed as a remedial law, intended to promote mining activity, and shall be liberally construed in favor of the working tenant.   History. Source: L. 23: P. 455, § 9. CSA: C. 92, § 16. CRS 53: § 92-23-9. C.R.S. 1963: § 92-23-9. History. Source: L. 23: P. 455, § 9. CSA: C. 92, § 16. CRS 53: § 92-23-9. C.R.S. 1963: § 92-23-9.    ANNOTATION   Law reviews. For article, “Severed Minerals as a Deterrent to Land Development”, see 51 Den. L. J. 1 (1974).
CO Code § 34-44-102 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 44 - Tenants in Common of Mines|§ 34-44-102. Definitions

 As used in this article, unless the context otherwise requires:    “Mine” includes all real property acquired, used, or chiefly valuable for mining purposes.    “Mining operation” includes all acts constituting the prospecting, development, and working of a mine, including the milling and sale of ore, minerals, and mine products, which are carried out with reasonable diligence from the beginning of work until completion of the operation, or until abandonment, or termination by law.    “Person” includes a corporation, partnership, firm, association of persons, personal representative, heir, assignee, trustee, or receiver.    “Tenant” includes tenant in common, joint tenant, or coparcener.     History. Source: L. 23: P. 455, § 9. CSA: C. 92, § 16. CRS 53: § 92-23-9. C.R.S. 1963: § 92-23-9. History. Source: L. 23: P. 455, § 9. CSA: C. 92, § 16. CRS 53: § 92-23-9. C.R.S. 1963: § 92-23-9.
CO Code § 34-44-103 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 44 - Tenants in Common of Mines|§ 34-44-103. Mine Owners - Tenants in Common - Rights

 If two or more persons own any mine they shall be considered tenants in common. Any one or more such tenants in common shall have the right to enter upon, occupy, prospect, develop, and work said mine in a minerlike manner, extracting, milling, and disposing of the ore from the common property without the consent of any nonworking tenant in common, subject to accounting to the nonworking tenant in common for his proportionate share of the net profits of such mining operations.   History. Source: L. 23: P. 451, § 1. CSA: C. 92, § 8. CRS 53: § 92-23-1. C.R.S. 1963: § 92-23-1. History. Source: L. 23: P. 451, § 1. CSA: C. 92, § 8. CRS 53: § 92-23-1. C.R.S. 1963: § 92-23-1.    ANNOTATION   Joint mining adventure must have its origin in contract, although no particular form of expression or formality of execution is necessary, and a parol agreement is sufficient. Smaller v. Leach, 136 Colo. 297 , 316 P.2d 1030 (1957), cert. denied, 356 U.S. 936, 78 S. Ct. 777, 2 L. Ed. 2d 812 (1958).   Mining partnership exists by operation of law where the several owners of mine cooperate in working thereof, and one of the partners may not bind the others to third parties to the extent a general partner may do. Smaller v. Leach, 136 Colo. 297 , 316 P.2d 1030 (1957), cert. denied, 356 U.S. 936, 78 S. Ct. 777, 2 L. Ed. 2d 812 (1958).   It is not necessary that grubstake contract state interest of each of parties, the presumption being equal ownership. Smaller v. Leach, 136 Colo. 297 , 316 P.2d 1030 (1957), cert. denied, 356 U.S. 936, 78 S. Ct. 777, 2 L. Ed. 2d 812 (1958).   Mineral discovery not necessary. Where a contract between parties is to share in claims actually staked in an area found by use of an instrument by one of the parties, a “mineral” discovery is not required before the contract can become effective. Smaller v. Leach, 136 Colo. 297 , 316 P.2d 1030 (1957), cert. denied, 356 U.S. 936 78 S. Ct. 777, 2 L. Ed. 2d 812 (1958).   Termination of prospecting partnership. In the absence of an agreement or circumstances indicating the contrary, a prospecting partnership terminates with the expedition undertaken pursuant thereto. Smaller v. Leach, 136 Colo. 297 , 316 P.2d 1030 (1957), cert. denied, 356 U.S. 936, 78 S. Ct. 777, 2 L. Ed. 2d 812 (1958).   Denial of profits when cotenant mines without giving notice. Latta v. Stout, 119 Colo. 257 , 203 P.2d 496 (1949).
CO Code § 34-44-104 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 44 - Tenants in Common of Mines|§ 34-44-104. Accounting - Items Considered

 In said accounting, the working tenant shall be permitted to set off against the proceeds of such mining operation all expenditures and expenses of said work, including: The building and repairing of such roads, whether public or private, as are necessary or expedient to furnish economical transportation to mill or reduction works or railroad; prospecting, development work, and mining, including openings and appliances for ventilation and drainage, and dead work generally; the purchase, installation, maintenance, and operation of tools, machinery, equipment, and appliances for prospecting, developing, and working the mine, and of transporting ore and products, and all other expenses reasonably incident to or arising out of such mining operation. In said accounting, the working tenant shall be allowed setoff for the reasonable value of his service actually rendered in or upon the operation, but the amount of compensation shall not exceed the current rate of wages or compensation for work of like character in the community in which said mine is situate, and shall also be allowed setoff for his expenditures and expenses in prospecting unless it clearly and convincingly appears that said prospecting was done in bad faith with willful intent to injure or defraud the nonworking tenant.   History. Source: L. 23: P. 451, § 2. CSA: C. 92, § 9. CRS 53: § 92-23-2. C.R.S. 1963: § 92-23-2. History. Source: L. 23: P. 451, § 2. CSA: C. 92, § 9. CRS 53: § 92-23-2. C.R.S. 1963: § 92-23-2.    ANNOTATION   Cotenant has no right to accounting where he gave no notice. Where a purchaser at a sheriff's sale of a six-tenths interest in a mining claim failed to give notice required by § 34-44-108 , even if he were otherwise entitled to avail himself of the privilege of rendering an accounting in accordance with this section, he must be denied the privilege for having failed to comply with the mandatory requirements of § 34-44-108 . Latta v. Stout, 119 Colo. 257 , 203 P.2d 496 (1949).
CO Code § 34-44-105 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 44 - Tenants in Common of Mines|§ 34-44-105. Contribution From Tenants - Liens

 No working tenant shall have any right to demand contribution from any nonworking tenant, except out of the proceeds or net profits of such mining operation; and no lien shall be created or attach to the interest of the nonworking tenant, but only to the interest of the working tenant.   History. Source: L. 23: P. 452, § 3. CSA: C. 92, § 10. CRS 53: § 92-23-3. C.R.S. 1963: § 92-23-3. History. Source: L. 23: P. 452, § 3. CSA: C. 92, § 10. CRS 53: § 92-23-3. C.R.S. 1963: § 92-23-3.
CO Code § 34-44-106 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 44 - Tenants in Common of Mines|§ 34-44-106. Statement - Disposition of Profits

 The working tenant shall render to the nonworking tenant, at least once in every six months after commencing said operation and also within thirty days after completing said operation, a written statement giving a true, full, and fair account of all of the expenditures and expenses of said work and mining operation, and of the proceeds of all ore or minerals extracted and sold, and the net profits or losses of the operation from the beginning of said operation to the date of such statement. If said operation has been conducted at a net profit the working tenant shall at once pay to the nonworking tenant his proportionate share of said net profits, and if he fails to do so, his right to continue such mining operation under the provisions of this article shall at once cease. In case the address of any nonworking tenant is unknown, or he has failed to notify the working tenant of a place at which, or an agent to whom, payment may be made, or if he cannot be conveniently found so that payment may be made to him of his proportionate share of said net profits, or in case any nonworking tenant is dead and there is no known executor or administrator of his estate in the state of Colorado qualified to receive such statement and payment, the working tenant may deposit said statement and payment with the state treasurer who shall receive said deposit under the same obligations and with like effect as other deposits made under the provisions of section 15-12-914 , C.R.S.   History. Source: L. 23: P. 452, § 4. CSA: C. 92, § 11. CRS 53: § 92-23-4. C.R.S. 1963: § 92-23-4. L. 73: P. 1648, § 11. History. Source: L. 23: P. 452, § 4. CSA: C. 92, § 11. CRS 53: § 92-23-4. C.R.S. 1963: § 92-23-4. L. 73: P. 1648, § 11.
CO Code § 34-44-107 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 44 - Tenants in Common of Mines|§ 34-44-107. Actions of Accounting - Setoffs

 On and after April 13, 1923, in all actions for an accounting between tenants in common of any mine, the working tenant shall be allowed to establish his expenditures and expenses, by way of setoff against the proceeds and profits of the operation, without being required to show either that the improvements were necessary or that they enhanced the value of the property.   History. Source: L. 23: P. 453, § 5. CSA: C. 92, § 12. CRS 53: § 92-23-5. C.R.S. 1963: § 92-23-5. History. Source: L. 23: P. 453, § 5. CSA: C. 92, § 12. CRS 53: § 92-23-5. C.R.S. 1963: § 92-23-5.
CO Code § 34-44-108 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 44 - Tenants in Common of Mines|§ 34-44-108. Notice to Tenants - Contents - Effect

  Any tenant in common of any mine who commences to work the same without the consent of the other tenants in common and who desires to avail himself of the benefits of this article shall give a written notice to the other tenants in common interested in said mine stating his intention to work said mine. The notice shall describe the property by name, patent survey number, or book and page of the recorded location certificate, or other certain description, and shall give the name and post-office address of the working tenant, or the name and post-office address of the lessee where the proposed work is to be done under lease, the general plan, the date of commencing said mining operation, and the probable duration thereof, and shall invite the other tenants in common of said mine to join in said operation.    Such notice shall be served, within ten days after its date, upon all other tenants in common by delivering a copy personally, or by depositing the same in the mail, postage prepaid, addressed to such person at his last known address. If any tenant in common cannot be served in this manner within ten days after the date of said notice, the notice shall be recorded within twenty days after its date in the office of the recorder of the county in which said mine is situated, and such record, from and after its recording, shall be constructive notice to all persons not otherwise notified.    Any tenant in common in said mine shall have the right, within twenty days after the receipt of said notice by him personally, or within thirty days after the record of said notice in case he has not otherwise received notice or obtained knowledge of said mining operation, to join in said mining operation to the extent of his proportionate interest in said mine, upon giving to the working tenant written notice of his intention so to do, and upon paying to the working tenant his proportionate part of the expenditures and expenses of said mining operation from the date of commencing work to the date of so joining in said mining operation.    In the event that any working tenant does not give the notice provided in this section, and serve or record the notice as provided in this section, he shall be denied any rights, benefits, or remedies created or conferred by this article, and shall have only such rights and remedies and be under such duties and liabilities as existed by law prior to April 13, 1923.     History. Source: L. 23: P. 454, § 6. CSA: C. 92, § 13. CRS 53: § 92-23-6. C.R.S. 1963: § 92-23-6. History. Source: L. 23: P. 454, § 6. CSA: C. 92, § 13. CRS 53: § 92-23-6. C.R.S. 1963: § 92-23-6.
CO Code § 34-44-109 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 44 - Tenants in Common of Mines|§ 34-44-109. Setoff Rules Applicable - When

 The provisions of this article, as to the principles and rules of decision relating to setoff in accounting, shall apply to all actions for accounting between tenants in common of mines in which a final judgment or decree of accounting has not been made and entered of record.   History. Source: L. 23: P. 455, § 7. CSA: C. 92, § 14. CRS 53: § 92-23-7. C.R.S. 1963: § 92-23-7. History. Source: L. 23: P. 455, § 7. CSA: C. 92, § 14. CRS 53: § 92-23-7. C.R.S. 1963: § 92-23-7.
CO Code § 34-44-110 (2021)
2021 Colorado Code|Title 34 - Mineral Resources|Article 44 - Tenants in Common of Mines|§ 34-44-110. Leases - Rights and Duties of Lessee

 Any tenant in common, joint tenant, or coparcener in any mine shall have the right to lease his interest therein, and his lessee shall in such case be entitled to all the rights, benefits, and remedies, and shall be subject to all the duties and obligations of a working tenant as provided in this article.   History. Source: L. 23: P. 455, § 8. CSA: C. 92, § 15. CRS 53: § 92-23-8. C.R.S. 1963: § 92-23-8. History. Source: L. 23: P. 455, § 8. CSA: C. 92, § 15. CRS 53: § 92-23-8. C.R.S. 1963: § 92-23-8.