Colorado § 36-2-104 - Rights acquired before and after November 7, 1861.
Full text of Colorado Colorado Revised Statutes § 36-2-104 — Rights acquired before and after November 7, 1861., with citation guidance and answers to common questions.
§ 36-2-104. Rights acquired before and after November 7, 1861.
All rights of occupancy, possession, and enjoyment of any tract or portion of the public domain, acquired before November 7, 1861, shall be ascertained, adjudged, and determined by the local law of the district or precinct in which the tract is situated, as it existed on the day when such rights were acquired, or as it thereafter has existed; and if there were no local laws at that time, then by the common custom then prevailing in respect to such property in the district or precinct in which it existed. All such rights of occupancy, possession, and enjoyment, acquired since November 7, 1861, shall be ascertained, adjudged, and determined by the laws of this state in force at the date of such acquisition.
Source: R.S. p. 531, § 4. G.L. § 2127. G.S. § 2677. R.S. 08: § 5123. C.L. § 1106. CSA: C. 134, § 4. CRS 53: § 112-1-4. C.R.S. 1963: § 112-1-4.
ANNOTATION
For rights of occupancy and possession and their relation to the paramount title of the United States, see McMillen v. Gerstle, 19 Colo. 98, 34 P. 681 (1893).
Rules of a district relating to the location of mill sites must yield to the act of congress providing that mill sites could only be legally located upon non-mineral lands, insofar as they relate to the location of such sites upon mineral lands. Cleary v. Skiffich, 28 Colo. 362, 65 P. 59 (1901).
In the year 1860, a valid location of a mining claim on the public domain could be made only according to the rules, usages, and customs of miners in the district where such claim was situated. Sullivan v. Hense, 2 Colo. 424 (1874).
Judicial notice could not be taken of the rules, usages, and customs of mining districts; they had to be proved at the trial like any other fact, by the best evidence that could be obtained respecting them. Sullivan v. Hense, 2 Colo. 424 (1874).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 36-2-104
What does Colorado Revised Statutes § 36-2-104 cover?
Section 36-2-104 ("Rights acquired before and after November 7, 1861.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 36-2-104?
A common citation format is "Colorado Revised Statutes § 36-2-104" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 36-2-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.