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PERMFILE100850
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PERMFILE100850
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Last modified
8/24/2016 9:55:23 PM
Creation date
11/24/2007 7:24:09 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1994011
IBM Index Class Name
Permit File
Doc Date
12/29/1985
Doc Name
DISTRICT COURT MONTROSE CNTY COLO CASE 95-CV-30
Media Type
D
Archive
No
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<br />i <br />. excepting and reserving all mineral <br />and mineral rights and rights to enter <br />upon the surface of the land and extract the <br />same. . <br />In this case, the grantor was claiming that he had reserved the <br />sand and gravel pursuant to this language while the grantee <br />claimed that the sand and gravel was not reserved. The Supreme <br />Court characterized this language as a "straight mineral reserva- <br />tion;" in other words, just using the words "mineral" and "miner- <br />al rights" would appear to be a straight or general reservation <br />which would not include sand and gravel rights except under <br />fairly strong circumstances. The court essentially concluded <br />that, under the facts of that particular case, the reservation <br />was in general terms and did not expressly include sand and <br />gravel. <br />The court then addressed two areas that the trial court <br />could look at in determining whether or not sand and gravel is <br />included as part of a general or straight mineral reservation <br />being, first of all, the intent of the parties, and secondly, the <br />character of the land and what was sought to be reserved. <br />The Farrell case involved land totaling approximately <br />240 acres which the court found to be entirely covered by sand <br />and gravel. The court found the mineral reservation was in <br />general terms and did not expressly include sand and gravel and <br />the court stated, on page 372, that in such circumstances ". . <br />the cases turn upon the intent of the parties a[ the time of the <br />execution of the deed containing the reservation . <br />In this case, neither the reservation of Plaintiff or <br />Plaintiff/Intervenors specifically included "sand and gravel." <br />While Plaintiff used the words "stone," "minerals rights" and <br />"mining rights," the Court would Find this language to be sub- <br />stantially identical to the language used in the Ferrell case and <br />therefore a straight mineral reservation. As such, sand and <br />gravel rights are not included in a straight mineral reservation. <br />This, of course, makes tremendous common sense because of the <br />inherent difficult of subsequent purchasers of either the surface <br />estate or the mineral estate of knowing what has been severed and <br />what is or is not included in the mineral reservation. <br />The difficulties inherent in severed estates is dis- <br />cussed in GrvnberQ v. City of Northzlen, 739 P.2d 230 (Colo. <br />1987). That case appeared to be the first case in Colorado which <br />recognized a tort claim and theory of recovery characterized as <br />geophysical trespass. In that case, the Supreme Court allowed <br />the plaintiff to pursue this claim of geophysical trespass <br />relating to the defendant's drilling of test holes for coal on <br />[he subject property. The plaintiff was a lessee of mineral <br />interest from the owner of [he mineral interest, the State of <br />12 <br />
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