HomeMy WebLinkAbout970677.tiff WELD COUNTY ATTORNEY'S OFFICE
a PHONE: (970) 356-4000, EXT. 4391
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FAX: (970) 352-0242
915 TENTH STREET
wi ' GREELEY, COLORADO 80632
CJune 27, 1996
COLORADO
�
Jim McNay
208 Delmay
Sterling, CO 80751
RE: Offer to Purchase Minerals in the Lilli Field D
Sand Unit and Sooner Unit, Weld County,
Colorado
Dear Mr. McNay:
This letter is in response to your letter dated May 23, 1996, offering to purchase mineral interests from
Weld County, Colorado, which are located in the Lilly Field D Sand Unit and Sooner Unit, Weld County,
Colorado. You have offered the sum of$42,554 for the mineral interests.
I have researched the County's ability to sell severed oil, gas and other minerals. Section
30-11-302(1), C.R.S., allows the County to reserve mineral interests upon the sale of any real estate it
owns and sell reserved minerals" . . . to the highest and best bidder after four weeks' prior notice by
publication . . ." In my opinion, this section restricts the County's ability to sell mineral interests to only
those circumstances in which such a reservation has already taken place. If the County owns both the
surface estate and the minerals, it cannot then sell off the minerals separate from surface. The minerals
can only be separated by a reservation upon the sale of the surface estate.
Therefore, before I make any recommendation to the Board of County Commissioners as to whether they
accept or reject your offer, I must know whether these minerals are separated from the surface estate. I
respectfully request that you answer this question in writing.
Thank you for your offer letter. I look forward to hearing from you regarding our answer to this
question.
If you should have any questions or comments regarding this letter, please feel free to call me at(970)
356-4000, extension 4390.
.---Siticerely, _ %
uce T. Barker er
Weld CountyAttorney Y
BTB/db:Let/McNay
pc: Clerk to the Board
970677
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