Colorado § 34-43-116 - Relocation of abandoned claims.
Full text of Colorado Colorado Revised Statutes § 34-43-116 — Relocation of abandoned claims., with citation guidance and answers to common questions.
§ 34-43-116. Relocation of abandoned claims.
The relocation of abandoned lode claims shall be by sinking a new discovery shaft and fixing new boundaries in the same manner as if it were the location of a new claim; or the relocator may sink the original discovery shaft ten feet deeper than it was at the time of abandonment, and erect new or adopt the old boundaries, renewing the posts if removed or destroyed. In either case a new location stake shall be erected.
Source: L. 1874: p. 189, § 16. G.L. § 1825. G.S. § 2411. R.S. 08: § 4211. L. 11: p. 515, § 2. C.L. § 3293. CSA: C. 110, § 183. CRS 53: § 92-22-16. C.R.S. 1963: § 92-22-16.
ANNOTATION
Relocation of abandoned mining claim is made in substantially same manner as original location thereof. Armstrong v. Lower, 6 Colo. 393 (1882).
Recording claim on territory overlapping abandoned claim not relocation of that claim. The surveying, staking, and recording of a location certificate of territory previously located, which overlapped the territory of the abandoned claim, does not constitute a relocation of that claim. Omar v. Soper, 11 Colo. 380, 18 P. 443 (1888).
No relocation possible where alleged owners in possession of claim. Where defendants were in actual possession of a mining claim, and engaged in developing it, claiming to be the owners, plaintiffs cannot initiate a title thereto by a survey and the recording of a location certificate. Omar v. Soper, 11 Colo. 380, 18 P. 443 (1888).
Abandonment of property question of intention. A transaction affecting property may be irregular; but if the owner does not intend to abandon it, and continues in possession, claiming in good faith to be the owner, no abandonment can take place. Omar v. Soper, 11 Colo. 380, 18 P. 443 (1888).
Original owner cannot perfect relocation after his own delinquency. To say that the original locator has the power within himself to make effectual a forfeiture arising from his own delinquency by perfecting a relocation is to place in his hands the extraordinary privilege of holding mineral lands perpetually without doing any of the work whatever. Ingemarson v. Coffey, 41 Colo. 407, 92 P. 908 (1907).
ARTICLE 44
Tenants in Common of Mines
34-44-101. Legislative declaration.
34-44-102. Definitions.
34-44-103. Mine owners - tenants in common - rights.
34-44-104. Accounting - items considered.
34-44-105. Contribution from tenants - liens.
34-44-106. Statement - disposition of profits.
34-44-107. Actions of accounting - setoffs.
34-44-108. Notice to tenants - contents - effect.
34-44-109. Setoff rules applicable - when.
34-44-110. Leases - rights and duties of lessee.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 34-43-116
What does Colorado Revised Statutes § 34-43-116 cover?
Section 34-43-116 ("Relocation of abandoned claims.") 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 § 34-43-116?
A common citation format is "Colorado Revised Statutes § 34-43-116" (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 § 34-43-116 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
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