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I’m interested in buying a property with a ‘mining claim.’ What is it and what are some common problems?

The General Mining Act of 1872, amongst other things, afforded people the right to prepare and mine a particular government-owned property, known as ‘staking a claim.’ Once staked, a survey was prepared to depict the mining claim’s boundaries. A private person who satisfies the required ‘assessment work’ could eventually convert the right to mine into … Continue Reading

Dividing Oil and Gas Interests in a Colorado Dissolution of Marriage

Dividing Oil and Gas Interests in a Colorado Separation or Dissolution of Marriage Co-Author:  Gregg Greenstein Introduction Colorado family law courts are accustomed to dividing typical marital property items such as real estate, furniture, cars, and bank accounts during a legal separation or dissolution of marriage. What happens when the marital estate includes atypical assets … Continue Reading

What should I know about Colorado Senate Bill 181 and its impact on oil and gas development in the state? Part I

Updated:  Sept. 9, 2019. Part I: Realignment of the COGCC and Delegation of Control to Local Governments Puts an Emphasis on Protecting Health, Safety, and Welfare, including the Environment and Wildlife Resources. On Tuesday, April 16, 2019, Governor Jared Polis signed into law Senate Bill 181 ‘Concerning Additional Public Welfare Protections Regarding the Conduct of … Continue Reading

No Oil Development Restrictive Covenant

The restrictive covenant on my property that says ‘no oil/gas drilling allowed’ means no one can develop the minerals under my property, right? Not exactly. Buyers of Colorado real estate often mistakenly rest easy knowing their property is subject to a restrictive covenant disallowing oil and gas development (referred to herein as a ‘no oil … Continue Reading

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