HomeMy WebLinkAbout1.03 MemorandumMEMORANDUM
TO:
FROM:
DATE:
RE:
Staff
Coun$ Attomey's Ofücc
Jruun¡c24,2014
Mineral Intcrest Rescarch
Mineral interests may be severed from surfacc right interests in real property. Colorado revised
statute 24-65,5-103 requires notification to mineral ownens when a landowner applies for a land
use designation by a local governmcnt, As such, thc landownet rnust researcb the cuncnt owtctt
of rnincral ¡nterests for tlrc property.
The Oarfield County Land Use and Development Code of 2013 ("LUDC') Section 4-
lOl(EXlXbX4) requircs written noticc to o$,ncrr of mineral intcrests in the subject property'hs
such owners can bc idcntified through thc records in the officc of thc Clcrk and Recorder or
A$sessor, or through other means."
It is the duty ofthe applicant to notify mineral interest orvners. The following is a suggcsted
process to research mineral intercsts;
l. Revicw the cunent ownership deed for the properly (i.e. lVananty Dced, Spocial
Warranty, Quit Claim Deed or Bargain and Sale Deed-NOT a Deed of Tnrst). The
owncrship dccd is usualty one or two pages. Is there a reservation of mineral intercsts on
the ownership dccd? Are there any exceptions to title? A deed may includc a list of
reservat¡ons that rcfcrcncc mincral owtlcls or oil and gas leases.
2. Rcview your title insurance policy. A¡e there exceptions to titlc lísted under Schcdule B-
II? If so, lcvicw for mineral interests that werc rcserved and oil and gas leascs.
3. Cheek with the AsscssoCs office to determine if a mineral intercst has bccn rescrved
fiom the subject property, The Assessor's offtce no longer documents the mineral
reservat¡on owncrship fo¡ is tot roll records unless owncrship has been proven. Therc
arc only a limitcd numbcr of minc¡al orryners who havc provided such information to the
Assessor's office so this may not providç any irtformation, depending on your propcrty,