HomeMy WebLinkAbout590124.tiff COPY OF OPINION LETTER
September 2, 1959
Honorable Sherman Walrod
District Attorney
Thirteenth Judicial District
of Colorado
Holyoke, Colorado
Dear Mr. Walrod:
This is in response to your request for my opinion upon the
following:
FACTS: Many county clerks in the several counties of your district
have requested that you obtain the opinion of this office as to the
recording of deeds, mortgages and other records by methods of microfilming.
QUESTION: Under existing Colorado law may county clerks of counties
with less than 100,000 population record deeds, deeds of trust and other
records by microfilming methods?
CONCULSION: 35-4-7, C.R.S. 1953 does not provide for counties of
less than 100,000 population recording deeds, deeds of trust and other
records by microfilming methods.
ANALYSIS: 35-4-7, C.R.S. 1953 provides, in part, as follows:
"Whenever so quthorized by the board of county
commissioners, the county recorder in counties,
or cities and counties of more than one hundred
thousand population, may record some or all of
the instruments lawfully filed for record in his
office by making and preserving microfilm thereof.
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(underscoring supplied)
While there is general language in 131-3-7, C.R.S. 1953 (Public Records
Act of 1951) and 52-2-1, C.R.S. 1953 amended, (Uniform Photographic Act)
which might indicate that these records could be recorded and preserved
by microfilm methods, such conclusion is not warranted because,
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Honorable Sherman E. Walrod September 2, 1959
Page 2
1. The language in 35-4-7, C.R.S. 1953 is specific as against
the general statements of the Public Records Act of 1951 and the Uni-
form Photographic Act.
2. The Public Records Act of 1951 was signed into law a day
before the provisions of 35-4-7, supra, was signed into law.
3. The Uniform Photographic Act specifically states "unless
its preservation is required by law", which would appear to exempt
records specifically re•..uired to be kept by county clerks.
4. The general principle of law is that if two statutes can be
harmoniously construed together, then such construction is favored over
a construction that would make two statutes conflict with each other.
It would thus appear that the remedy to the problem of small
counties with less than 100,000 population is by legislative amendment
of 35-4-7, C.R.S. 1953. In this connection and for your information
the State Archivist has informed me that she has prepared a proposed
amendment to the above cited section which she would be willing to show
and confer upon with any legislator or other interested person.
Very truly yours,
DUKE W. DUNBAR
Attorney General
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File CG 1b-2 No.. . f.. . . . . ,;
COPY OF OPINION LETTERS.
Sept. 2, 1959 �� 5
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