2008-06-18_REVISION - M1980244 (6)

Home Browse Search

and placing Odin in financial jeopardy is that the law and its interpretation have been frozen in time for nearly 100 years. For instance, if CC&V wants to avail itself of the 1923 statute; it has a duty to perform in a minerlike manner, and that duty today is completely different than it was in 1923. Today minerlike includes not only the actual mining of a property, but a much broader pre-operating vision such as an approved pre- operation reclamation plan, detailed engineering and economic feasibility and its related pre-operation accounting, and a social license with other impacted parties to be treated in a fair and reasonable manner. Furthermore, in order for CC&V to avail itself of the 1923 cotenant statute, it has a duty of accounting to the cotenant. In today's accounting world, accounting is not restricted to post- mortem activities, but must, as a matter of law, be forward looking as well, especially in this situation when a property's entire value will be destroyed and become a liability, without any evidence of benefit to the cotenant. By law a cotenant is entitled to an accounting on the property by CC&V. No accounting has been presented to Odin. Among other minerlike manner activities that CC&V is ignoring and not accounting to Odin for are: 1) CC&V's proposed removal without Odin's permission of Odin's low-grade, sub- economic, but value-containing material to property belonging to other entities. CC&V does not have Odin's permission permanently to remove value-containing material to another party's property,' because what is sub-economic today can be valuable ore tomorrow. 2) CC&V also proposes to store waste products from other third party properties on Odin's property without an agreement with Odin to do so. CC&V has absolutely no legal authority to do so, nor does Odin have any obligation to allow such non-beneficial (to Odin) use on Odin property. Odin is.not a cotenant with CC&V of any other property except that property specified in the first paragraph of this submission. Odin has requested information from CC&V as to how they plan to conduct their mining activities on our property specifically,' and an accounting as to the benefits and liabilities including not only reclamation, but also its engineering, feasibility and pre-operation accounting. CC&V has refused to provide Odin this information even though Odin would provide CC&V a confidentiality, agreement. Without that information, CC&V cannot rely on the statutes so named in its application in front of the Board and consequently has no legal authority to destroy Odin's property and place Odin in economic jeopardy. To protect and defend its property and its rights, Odin asks ,,