HomeMy WebLinkAbout941648.tiff a
OFFICE OF COUNTY ATTORNEY
PHONE(303)3564000 EXT 4391
P.O. 8OX 1948
GREELEY, COLORADO 80632
111
C.
COLORADO
June 2 , 1994
Christy L. Long
Land Manager
Spindle Oil and Gas, Inc .
5600 S. Quebec Street, Suite 312A
Englewood, CO 80111-2210
RE : Schank Number Two Well
T5N-R66W-Section 35 : Southwest Quarter Northwest Quarter
Weld County, Colorado
Dear Ms . Long:
This letter is in response to your May 23 , 1994 letter addressed to
the Board of County Commissioners of Weld County, Colorado
regarding the above referenced well .
Enclosed is a copy of the original lease between Weld County and
W.G. Van Bebber for the tract in question. As you can see from the
original lease, the reference to "right-of-way 100 feet wide"
refers to the abandoned right-of-way from the former Denver,
Laramie and Northwestern railroad . Please also note paragraph 11
of the original lease . That paragraph states that the lessor does
not warrant title to the real estate or to the mineral interest in
the real estate .
I have read through the May 10, 1994 letter from Thomas C . Poulson.
I believe that Mr . Poulson may be mistaken in his application of
the Colorado Supreme Court case to which he refers . He does not
cite the case, but I believe that he is alluding to Board of County
Commissioners v. Morris , 147 Colo . 1 , 362 P . 2d 202 ( 1961 ) . One may
conclude from that case that county governments do not have any
interest in the ownership of the minerals lying beneath county
rights-of-way. The difference here, however, is that the property
which is the subject of the lease is a former railroad right-of-way
which may or may not have been used as a county road right-of-way.
My experience has been that upon abandonment, a railroad often
times transfers ownership of its right-of-way to the adjacent
landowners . The mineral interests are usually reserved by the
railroad. I do not know if the minerals were reserved in this case
upon the abandonment by the Denver, Laramie and Northwestern
941648
Christy L. Long
June 2 , 1994
Page 2 .
Railroad right-of-way. Please also be advised that often times an
abandoned railroad right-of-way is sold rather than truly
"abandoned. " The term "abandoned" may have been referring to the
fact that the railroad no longer desired to use the property for a
rail line .
I do not intend to spend time researching the chain of title for
this property. I believe, however, that Weld County, Colorado has
correctly been receiving payment for royalties .
If you wish to discuss this matter further, please feel free to
call me at ( 303) 356-4000, extension 4390 .
Yours truly,
"Bruce T. Parker
Weld County Attorney
BTB/db
Enclosure
pc : Clerk to the Board
Hello