Sunday, November 8, 2009

A brief on Colorado mineral rights

Colorado mineral rights were legalized in 1916. From then, the surface rights were legally considered as distinct from mineral rights. Different parties could indeed own or have the lease rights with respect to the surface rights and the mineral rights for the same tract of land. The two were then legally separable and could be sold or leased in the "severed" condition.

Simultaneously the state considered favorably the right of the party to "access" the land it was legally in possession of. Therefore, if you own the surface rights to a property, whereas a company owns its mineral rights, you have to grant access to the company to extract minerals from your property.

Like US mineral rights and legalities applicable in other US states, when companies dig oil wells in your property, they are required pay you for damages caused to your property due the drilling. The company also requires to pay you in case its pipelines run across your property.

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