reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MINERAL INTERESTS (§§ 38-42-101 — 38-43-109) › Article 42 - OIL, GAS, AND MINING LEASES (§§ 38-42-101 — 38-42-106) › Section 38-42-102 - Option void, when

Any such right or option contained in any oil and gas or mining lease which is executed subsequent to March 2, 1955, and the title or heading of which does not clearly state that such a right or option is contained therein shall be voidable at the option of the lessor, and upon adjudication by a court of competent jurisdiction that such right or option is voided by virtue of this article, no money paid to the lessor for such lease shall be returned to the lessee therein, but the failure of such lease to satisfy the requirements of this article shall not affect the validity of such lease except as to such right or option to purchase.
L. 55: p. 724, § 2. CRS 53: § 118-13-2. C.R.S. 1963: § 118-13-2.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MINERAL INTERESTS (§§ 38-42-101 — 38-43-109) › Article 42 - OIL, GAS, AND MINING LEASES (§§ 38-42-101 — 38-42-106) › Section 38-42-103 - Title form

The title or heading of such a lease containing such a right or option in the lessee as set forth in this article shall be deemed to satisfy the requirements of this article if it reads substantially as follows: Oil and gas lease with option to purchase, or mining lease with option to purchase.
L. 55: p. 725, § 3. CRS 53: § 118-13-3. C.R.S. 1963: § 118-13-3.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MINERAL INTERESTS (§§ 38-42-101 — 38-43-109) › Article 42 - OIL, GAS, AND MINING LEASES (§§ 38-42-101 — 38-42-106) › Section 38-42-104 - Lease surrendered, when

When any oil, gas, or other mineral lease given on land situated in any county of Colorado and recorded therein becomes forfeited or expires by its own terms, it is the duty of the lessee, his successors, or assigns, within ninety days from April 30, 1957, if the forfeiture or expiration occurred prior thereto and within ninety days after the date of the forfeiture or expiration of any other lease, to have such lease surrendered in writing, such surrender to be signed by the party making the same, acknowledged, and placed on record in the county where the leased land is situated without cost to the owner of the leased premises.
L. 57: p. 618, § 1. CRS 53: § 118-13-4. C.R.S. 1963: § 118-13-4.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MINERAL INTERESTS (§§ 38-42-101 — 38-43-109) › Article 42 - OIL, GAS, AND MINING LEASES (§§ 38-42-101 — 38-42-106) › Section 38-42-105 - Actions for surrender of lease - damages

If the owner of such lease neglects or refuses to execute a release as provided by section
38-42-104
, then the owner of the leased premises may sue in any court of competent jurisdiction to obtain such release, and he may also recover in such action from the lessee, his successors, or assigns the sum of one hundred dollars as damages and all costs, together with a reasonable attorney's fee for preparing and prosecuting the suit, and he may also recover any additional damages that the evidence in the case warrants. In all such actions, writs of attachment may issue as in other cases if the owner of the leased premises makes demand for release in writing, by certified or registered mail, sent to the last-known address of the lessee, successor, or assignee, as the case may be, at least thirty days prior to instituting an action under this section.
L. 57: p. 618, § 2. CRS 53: § 118-13-5. C.R.S. 1963: § 118-13-5.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MINERAL INTERESTS (§§ 38-42-101 — 38-43-109) › Article 42 - OIL, GAS, AND MINING LEASES (§§ 38-42-101 — 38-42-106) › Section 38-42-106 - Record of lease no longer notice unless affidavit recorded

(1)
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.
(2)
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.
L. 67: p. 160, § 1; C.R.S. 1963: § 118-13-6.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MINERAL INTERESTS (§§ 38-42-101 — 38-43-109) › Article 43 - OIL, GAS, AND OTHER NATURAL RESOURCES - LEASES (§§ 38-43-101 — 38-43-109) › Section 38-43-101 - Appointment of trustee to make oil, gas, or other mineral lease where contingent future interests are involved

(1)
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.
(2)
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.
(3)
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.
L. 55: p. 726, § 1. CRS 53: § 118-14-1. C.R.S. 1963: § 118-14-1. L. 64: p. 308, § 271.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MINERAL INTERESTS (§§ 38-42-101 — 38-43-109) › Article 43 - OIL, GAS, AND OTHER NATURAL RESOURCES - LEASES (§§ 38-43-101 — 38-43-109) › Section 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.
L. 55: p. 727, § 2. CRS 53: § 118-14-2. C.R.S. 1963: § 118-14-2.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MINERAL INTERESTS (§§ 38-42-101 — 38-43-109) › Article 43 - OIL, GAS, AND OTHER NATURAL RESOURCES - LEASES (§§ 38-43-101 — 38-43-109) › Section 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.
L. 55: p. 728, § 3. CRS 53: § 118-14-3. C.R.S. 1963: § 118-14-3.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MINERAL INTERESTS (§§ 38-42-101 — 38-43-109) › Article 43 - OIL, GAS, AND OTHER NATURAL RESOURCES - LEASES (§§ 38-43-101 — 38-43-109) › Section 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.
L. 55: p. 728, § 4. CRS 53: § 118-14-4. C.R.S. 1963: § 118-14-4.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MINERAL INTERESTS (§§ 38-42-101 — 38-43-109) › Article 43 - OIL, GAS, AND OTHER NATURAL RESOURCES - LEASES (§§ 38-43-101 — 38-43-109) › Section 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.
L. 55: p. 728, § 5. CRS 53: § 118-14-5. C.R.S. 1963: § 118-14-5.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MINERAL INTERESTS (§§ 38-42-101 — 38-43-109) › Article 43 - OIL, GAS, AND OTHER NATURAL RESOURCES - LEASES (§§ 38-43-101 — 38-43-109) › Section 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.
L. 55: p. 729, § 6. CRS 53: § 118-14-6. C.R.S. 1963: § 118-14-6.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MINERAL INTERESTS (§§ 38-42-101 — 38-43-109) › Article 43 - OIL, GAS, AND OTHER NATURAL RESOURCES - LEASES (§§ 38-43-101 — 38-43-109) › Section 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.
L. 55: p. 729, § 7. CRS 53: § 118-14-7. C.R.S. 1963: § 118-14-7.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MINERAL INTERESTS (§§ 38-42-101 — 38-43-109) › Article 43 - OIL, GAS, AND OTHER NATURAL RESOURCES - LEASES (§§ 38-43-101 — 38-43-109) › Section 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.
L. 55: p. 730, § 8. CRS 53: § 118-14-8. C.R.S. 1963: § 118-14-8.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › MINERAL INTERESTS (§§ 38-42-101 — 38-43-109) › Article 43 - OIL, GAS, AND OTHER NATURAL RESOURCES - LEASES (§§ 38-43-101 — 38-43-109) › Section 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.
L. 55: p. 730, § 9. CRS 53: § 118-14-9. C.R.S. 1963: § 118-14-9.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › BOUNDARIES (§§ 38-44-101 — 38-44-113) › Article 44 - ESTABLISHING DISPUTED BOUNDARIES (§§ 38-44-101 — 38-44-113) › Section 38-44-101 - When action may be brought

When one or more owners of land, the corners and boundaries of which are lost, destroyed, or in dispute, desire to have the same established, they may bring an action in the district court of the county where such lost, disputed, or destroyed corners or boundaries or parts thereof are situated against the owners of the other tracts which would be affected by the determination or establishment thereof, to have such corners or boundaries ascertained and permanently established. If any public road is likely to be affected thereby, the proper county shall be made a party defendant.
L. 07: p. 286, § 1. Code 08: § 297. Code 21: § 298. Code 35: § 298. CRS 53: § 118-11-1. C.R.S. 1963: § 118-11-1.
For alternative solution of boundary or corner dispute, see § 38-44-112.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › BOUNDARIES (§§ 38-44-101 — 38-44-113) › Article 44 - ESTABLISHING DISPUTED BOUNDARIES (§§ 38-44-101 — 38-44-113) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › BOUNDARIES (§§ 38-44-101 — 38-44-113) › Article 44 - ESTABLISHING DISPUTED BOUNDARIES (§§ 38-44-101 — 38-44-113) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › BOUNDARIES (§§ 38-44-101 — 38-44-113) › Article 44 - ESTABLISHING DISPUTED BOUNDARIES (§§ 38-44-101 — 38-44-113) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › BOUNDARIES (§§ 38-44-101 — 38-44-113) › Article 44 - ESTABLISHING DISPUTED BOUNDARIES (§§ 38-44-101 — 38-44-113) › Section 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.
Amended by 2018 Ch. 88,§ 48, eff. 8/8/2018.
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.
For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › BOUNDARIES (§§ 38-44-101 — 38-44-113) › Article 44 - ESTABLISHING DISPUTED BOUNDARIES (§§ 38-44-101 — 38-44-113) › Section 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.
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.
For methods of erecting monuments at corners, see § 38-51-104.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › BOUNDARIES (§§ 38-44-101 — 38-44-113) › Article 44 - ESTABLISHING DISPUTED BOUNDARIES (§§ 38-44-101 — 38-44-113) › Section 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.
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.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › BOUNDARIES (§§ 38-44-101 — 38-44-113) › Article 44 - ESTABLISHING DISPUTED BOUNDARIES (§§ 38-44-101 — 38-44-113) › Section 38-44-108 - Exceptions - hearing

At the term of court after such report is filed, any party interested may file exceptions thereto within ten days from the date the report is filed with the clerk, but if in term time, then within three days after the same is filed, and the court shall hear and determine them, hearing evidence in addition to that reported by the commission if necessary, and may approve or modify such report or again refer the matter to the same or another commission for further report.
L. 07: p. 288, § 8. Code 08: § 304. Code 21: § 305. Code 35: § 305. CRS 53: § 118-11-8. C.R.S. 1963: § 118-11-8.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › BOUNDARIES (§§ 38-44-101 — 38-44-113) › Article 44 - ESTABLISHING DISPUTED BOUNDARIES (§§ 38-44-101 — 38-44-113) › Section 38-44-109 - Corners and boundaries established

The corners and boundaries finally established by the court in proceedings under this article, or an appeal therefrom, shall be binding upon all the parties, their heirs and assigns, as the corners and boundaries that have been lost, destroyed, or in dispute; but if it is found that the boundaries and corners alleged to have been recognized and acquiesced in for twenty years have been so recognized and acquiesced in, such recognized boundaries and corners shall be permanently established. The court order or decree shall be recorded in the grantor-grantee index of the real property records of the county or counties in which the land lies.
L. 07: p. 288, § 9. Code 08: § 305. Code 21: § 306. Code 35: § 306. CRS 53: § 118-11-9. C.R.S. 1963: § 118-11-9. L. 2010: Entire section amended, (HB 10-1085), ch. 95, p. 326, §8, effective August 11.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › BOUNDARIES (§§ 38-44-101 — 38-44-113) › Article 44 - ESTABLISHING DISPUTED BOUNDARIES (§§ 38-44-101 — 38-44-113) › Section 38-44-110 - Appeal

There shall be no appeal in such proceedings, except from final judgment of the court taken in the manner that other appeals are taken, and no appeal shall be taken after three months from the final order of the court.
L. 07: p. 288, § 10. Code 08: § 306. Code 21: § 307. Code 35: § 307. CRS 53: § 118-11-10. C.R.S. 1963: § 118-11-10.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › BOUNDARIES (§§ 38-44-101 — 38-44-113) › Article 44 - ESTABLISHING DISPUTED BOUNDARIES (§§ 38-44-101 — 38-44-113) › Section 38-44-111 - Costs

The costs in the proceedings shall be taxed as the court thinks just and shall be a lien on the land or interest therein owned by the party or parties against whom they are taxed insofar as such lands are involved in the proceedings.
L. 07: p. 288, § 11. Code 08: § 307. Code 21: § 308. Code 35: § 308. CRS 53: § 118-11-11. C.R.S. 1963: § 118-11-11.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › BOUNDARIES (§§ 38-44-101 — 38-44-113) › Article 44 - ESTABLISHING DISPUTED BOUNDARIES (§§ 38-44-101 — 38-44-113) › Section 38-44-112 - Agreements

Any uncertain line, uncertain corner, or uncertain boundary of an existing parcel of land that is recorded in the real estate records in the office of the clerk and recorder for the county where the land is located and that is in dispute may be determined and permanently established by written agreement of all parties thereby affected, signed and acknowledged by each as required for conveyances of real estate, clearly designating the same, and accompanied by a map or plat thereof that shall be recorded as an instrument affecting real estate, and shall be binding upon their heirs, successors, and assigns. If the map or plat is prepared by a licensed professional land surveyor, monuments shall be set for any line, corner, or boundary included in the agreement.
L. 07: p. 288, § 12. Code 08: § 308. Code 21: § 309. Code 35: § 309. CRS 53: § 118-11-12. C.R.S. 1963: § 118-11-12. L. 2007: Entire section amended, p. 294, § 5, effective August 3.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › BOUNDARIES (§§ 38-44-101 — 38-44-113) › Article 44 - ESTABLISHING DISPUTED BOUNDARIES (§§ 38-44-101 — 38-44-113) › Section 38-44-113 - Establishment of boundary corner

The establishment of a boundary corner through acquiescence confirmed by a court of competent jurisdiction, or by written agreement pursuant to section
38-44-112
, shall not alter the location or validity of any existing or properly restored public land survey monument in the vicinity. Such existing or properly restored public land survey monument may be used to control future land surveys in the region when such surveys are not related to the boundary corner established by acquiescence or agreement.
L. 97: Entire section added, p. 1629, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › SAFETY OF REAL PROPERTY (§§ 38-45-101 — 38-46-104) › Article 45 - CARBON MONOXIDE ALARMS (§§ 38-45-101 — 38-45-106) › Section 38-45-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Carbon monoxide alarm" means a device that detects carbon monoxide and that:
(a)
Produces a distinct, audible alarm;
(b)
Is listed by a nationally recognized, independent product-safety testing and certification laboratory to conform to the standards for carbon monoxide alarms issued by such laboratory or any successor standards;
(c)
Is battery powered, plugs into a dwelling's electrical outlet and has a battery backup, is wired into a dwelling's electrical system and has a battery backup, or is connected to an electrical system via an electrical panel; and
(d)
May be combined with a smoke detecting device if the combined device complies with applicable law regarding both smoke detecting devices and carbon monoxide alarms and that the combined unit produces an alarm, or an alarm and voice signal, in a manner that clearly differentiates between the two hazards.
(2)
"Dwelling unit" means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
(3)
"Fuel" means coal, kerosene, oil, fuel gases, or other petroleum products or hydrocarbon products such as wood that emit carbon monoxide as a by-product of combustion.
(4)
"Installed" means that a carbon monoxide alarm is installed in a dwelling unit in one of the following ways:
(a)
Wired directly into the dwelling's electrical system;
(b)
Directly plugged into an electrical outlet without a switch other than a circuit breaker; or
(c)
If the alarm is battery-powered, attached to the wall or ceiling of the dwelling unit in accordance with the national fire protection association's standard 720, or any successor standard, for the operation and installation of carbon monoxide detection and warning equipment in dwelling units.
(5)
"Multi-family dwelling" means any improved real property used or intended to be used as a residence and that contains more than one dwelling unit. Multi-family dwelling includes a condominium or cooperative.
(6)
"Operational" means working and in service in accordance with manufacturer instructions.
(7)
"Single-family dwelling" means any improved real property used or intended to be used as a residence and that contains one dwelling unit.
L. 2009: Entire article added, (HB 09-1091), ch. 51, p. 180, §2, effective March 24.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › SAFETY OF REAL PROPERTY (§§ 38-45-101 — 38-46-104) › Article 45 - CARBON MONOXIDE ALARMS (§§ 38-45-101 — 38-45-106) › Section 38-45-102 - Carbon monoxide alarms in single-family dwellings - rules

(1)
(a)
Notwithstanding any other provision of law, the seller of each existing single-family dwelling offered for sale or transfer on or after July 1, 2009, that has a fuel-fired heater or appliance, a fireplace, or an attached garage shall assure that an operational carbon monoxide alarm is installed within fifteen feet of the entrance to each room lawfully used for sleeping purposes or in a location as specified in any building code adopted by the state or any local government entity.
(b)
By July 1, 2009, the real estate commission created in section
12-10-206
shall by rule require each listing contract for residential real property that is subject to the commission's jurisdiction pursuant to article
10
of title
12
to disclose the requirements specified in subsection (1)(a) of this section.
(2)
Notwithstanding any other provision of law, every single-family dwelling that includes either fuel-fired appliances or an attached garage where, on or after July 1, 2009, interior alterations, repairs, fuel-fired appliance replacements, or additions, any of which require a building permit, occurs or where one or more rooms lawfully used for sleeping purposes are added shall have an operational carbon monoxide alarm installed within fifteen feet of the entrance to each room lawfully used for sleeping purposes or in a location as specified in any building code adopted by the state or any local government entity.
(3)
No person shall remove batteries from, or in any way render inoperable, a carbon monoxide alarm, except as part of a process to inspect, maintain, repair, or replace the alarm or replace the batteries in the alarm.
Amended by 2019 Ch. 136,§ 242, eff. 10/1/2019.
L. 2009: Entire article added, (HB 09-1091), ch. 51, p. 181, §2, effective March 24.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › SAFETY OF REAL PROPERTY (§§ 38-45-101 — 38-46-104) › Article 45 - CARBON MONOXIDE ALARMS (§§ 38-45-101 — 38-45-106) › Section 38-45-103 - Carbon monoxide alarms in multi-family dwellings - rules

(1)
(a)
Notwithstanding any other provision of law, the seller of every dwelling unit of an existing multi-family dwelling offered for sale or transfer on or after July 1, 2009, that has a fuel-fired heater or appliance, a fireplace, or an attached garage shall assure that an operational carbon monoxide alarm is installed within fifteen feet of the entrance to each room lawfully used for sleeping purposes or in a location as specified in any building code adopted by the state or any local government entity.
(b)
By July 1, 2009, the real estate commission created in section
12-10-206
shall by rule require each listing contract for residential real property that is subject to the commission's jurisdiction pursuant to article
10
of title
12
to disclose the requirements specified in subsection (1)(a) of this section.
(2)
Notwithstanding any other provision of law, every dwelling unit of a multi-family dwelling that includes fuel-fired appliances or an attached garage where, on or after July 1, 2009, interior alterations, repairs, fuel-fired appliance replacements, or additions, any of which require a building permit, occurs or where one or more rooms lawfully used for sleeping purposes are added shall have an operational carbon monoxide alarm installed within fifteen feet of the entrance to each room lawfully used for sleeping purposes or in a location as specified in any building code adopted by the state or any local government entity.
(3)
No person shall remove batteries from, or in any way render inoperable, a carbon monoxide alarm, except as part of a process to inspect, maintain, repair, or replace the alarm or replace the batteries in the alarm.
Amended by 2019 Ch. 136,§ 243, eff. 10/1/2019.
L. 2009: Entire article added, (HB 09-1091), ch. 51, p. 182, §2, effective March 24.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › SAFETY OF REAL PROPERTY (§§ 38-45-101 — 38-46-104) › Article 45 - CARBON MONOXIDE ALARMS (§§ 38-45-101 — 38-45-106) › Section 38-45-105 - Municipal or county ordinances regarding carbon monoxide alarms

Nothing in this article shall be construed to limit a municipality, city, home rule city, city and county, county, or other local government entity from adopting or enforcing any requirements for the installation and maintenance of carbon monoxide alarms that are more stringent than the requirements set forth in this article.
L. 2009: Entire article added, (HB 09-1091), ch. 51, p. 184, §2, effective March 24.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › SAFETY OF REAL PROPERTY (§§ 38-45-101 — 38-46-104) › Article 45 - CARBON MONOXIDE ALARMS (§§ 38-45-101 — 38-45-106) › Section 38-45-106 - Limitation of liability

(1)
No person shall have a claim for relief against a property owner, an authorized agent of a property owner, a person in possession of real property, or an installer for any damages resulting from the operation, maintenance, or effectiveness of a carbon monoxide alarm if the property owner, authorized agent, person in possession of real property, or installer installs a carbon monoxide alarm in accordance with the manufacturer's published instructions and the provisions of this article.
(2)
A purchaser shall have no claim for relief against any person licensed pursuant to article
10
of title
12
for any damages resulting from the operation, maintenance, or effectiveness of a carbon monoxide alarm if such licensed person complies with rules promulgated pursuant to sections
38-45-102(1)(b)
and
38-45-103(1)(b)
. Nothing in this subsection (2) shall affect any remedy that a purchaser may otherwise have against a seller.
Amended by 2019 Ch. 136,§ 244, eff. 10/1/2019.
L. 2009: Entire article added, (HB 09-1091), ch. 51, p. 184, §2, effective March 24.
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › SAFETY OF REAL PROPERTY (§§ 38-45-101 — 38-46-104) › Article 46 - PAYMENT OF CONSTRUCTION CONTRACTS IN REAL PROPERTY (§§ 38-46-101 — 38-46-104) › Section 38-46-101 - Definitions

As used in this article 46, unless the context otherwise requires:
(1)
"Contract" means a contract to construct, alter, or repair a structure on or improvement on real property.
(2)
"Contractor" means a person that is a party to a contract with a property owner.
(3)
"Property owner" means a private person with an interest, including a leasehold interest, in real property or in a real property fixture that has entered into a contract with a contractor.
(4)
"Retainage" means a percentage of:
(a)
A contract or subcontract price retained from a contractor or subcontractor as assurance that the contract or subcontract will be satisfactorily completed; or
(b)
A supply agreement price as assurance that the goods, materials, or equipment meets the specifications necessary for satisfactory performance of a contract or subcontract.
(5)
(a)
"Subcontract" means an agreement:
(I)
To perform a portion of the work required by a contract; and
(II)
To furnish or perform on-site labor, with or without furnishing materials.
(b)
To be a subcontract, an agreement need not be made directly with a contractor; the agreement may be made with a subcontractor or a subsequent subcontractor.
(6)
"Subcontractor" means a person that enters into a subcontract with a contractor, a subcontractor, or a subsequent subcontractor.
(7)
"Subsequent subcontractor" includes a person who has signed a subcontract with a sub-subcontractor, a sub-sub-subcontractor, or any additional level of subcontractor.
(8)
"Supply agreement" means an agreement to provide materials, goods, or equipment to a contractor or subcontractor.
Added by 2021 Ch. 146,§1, eff. 9/7/2021.
L. 2021: Entire article added, (HB 21-1167), ch. 859, p. 859, § 1, effective September 7.
2021 Ch. 146, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › SAFETY OF REAL PROPERTY (§§ 38-45-101 — 38-46-104) › Article 46 - PAYMENT OF CONSTRUCTION CONTRACTS IN REAL PROPERTY (§§ 38-46-101 — 38-46-104) › Section 38-46-102 - Applicability of article

(1)
Except as provided in subsection (2) of this section, this article 46 applies to:
(a)
A contract that:
(I)
Has a price of at least one hundred fifty thousand dollars; and
(II)
Is made between a property owner and a contractor;
(b)
A subcontract to a contract described in subsection (1)(a) of this section, notwithstanding that the subcontract price is less than one hundred fifty thousand dollars; and
(c)
A supply agreement that is made to supply materials, goods, or equipment used to perform a contract notwithstanding that the supply agreement price is less than one hundred fifty thousand dollars.
(2)
This article 46 does not apply to:
(a)
A single contract that governs the building of either:
(I)
One single-family dwelling; or
(II)
One multifamily dwelling with no more than four family dwelling units; or
(b)
A contract with a public entity, as defined in section
24-91-102(3)
.
Added by 2021 Ch. 146,§1, eff. 9/7/2021.
L. 2021: Entire article added, (HB 21-1167), ch. 860, p. 860, § 1, effective September 7.
2021 Ch. 146, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › SAFETY OF REAL PROPERTY (§§ 38-45-101 — 38-46-104) › Article 46 - PAYMENT OF CONSTRUCTION CONTRACTS IN REAL PROPERTY (§§ 38-46-101 — 38-46-104) › Section 38-46-103 - Private construction contracts - retainage - conditions precedent

(1)
A property owner, contractor, or subcontractor shall not withhold as retainage more than five percent of the price of the work completed under the contract or subcontract. Making a partial payment under this subsection (1) is not acceptance or approval of some of the work or of a waiver of defects in the work.
(2)
This article 46 addresses only the amount of retainage that may be withheld by a property owner, contractor, or subcontractor and does not change, override, or invalidate any other provision in a contract, subcontract, or supply agreement. Such a provision includes, but is not limited to:
(a)
A provision relating to timing of a payment, including final payment;
(b)
A provision requiring satisfactory performance of the work of the contract, subcontract, or supply agreement before payment is due;
(c)
A provision allowing a property owner, contractor, or subcontractor to withhold payment or deduct from any payment otherwise due any backcharges or other amounts as authorized by the contract, subcontract, or supply agreement; or
(d)
A provision relating to a condition precedent that must be satisfied before a payment is due to a contractor, subcontractor, sub-subcontractor, or supplier. A condition precedent includes a requirement that:
(I)
A contractor must actually receive payment from the property owner to be obliged to make payment to a subcontractor or supplier; or
(II)
A subcontractor must actually receive payment from the contractor to be obliged to make payment to a subsequent subcontractor or supplier.
Added by 2021 Ch. 146,§1, eff. 9/7/2021.
L. 2021: Entire article added, (HB 21-1167), ch. 861, p. 861, § 1, effective September 7.
2021 Ch. 146, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › SAFETY OF REAL PROPERTY (§§ 38-45-101 — 38-46-104) › Article 46 - PAYMENT OF CONSTRUCTION CONTRACTS IN REAL PROPERTY (§§ 38-46-101 — 38-46-104) › Section 38-46-104 - Lien waivers

To receive payment under this article 46, the recipient of the payment must provide an executed lien waiver for amounts actually paid if required by the contract, subcontract, or supply agreement.
Added by 2021 Ch. 146,§1, eff. 9/7/2021.
L. 2021: Entire article added, (HB 21-1167), ch. 861, p. 861, § 1, effective September 7.
2021 Ch. 146, was passed without a safety clause. See Colo. Const. art. V, § 1(3).