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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

New Property Purchase: Are the mineral rights Included?

I am purchasing a new property. Are the mineral rights included? The specific language in a property’s prior conveyances, known as the chain of title, dictates whether the rights to the minerals are included in the purchase. As clearly disclaimed in the Colorado Contract to Buy and Sell Real Property, buying a property does not … Continue Reading

Property Specific Deed Exceptions

Owner purchased Black Acre in 1987 for $60,000 from Seller. Seller conveyed Black Acre to Owner through a general warranty deed. Seller paid for a title policy. The title company which issued Owner’s policy did not find a recorded mineral reservation against Black Acre and therefore failed to show the mineral reservation as an exception … Continue Reading

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