Colorado § 34-44-103 - Mine owners - tenants in common - rights.
Full text of Colorado Colorado Revised Statutes § 34-44-103 — Mine owners - tenants in common - rights., with citation guidance and answers to common questions.
§ 34-44-103. Mine owners - tenants in common - rights.
If two or more persons own any mine they shall be considered tenants in common. Any one or more such tenants in common shall have the right to enter upon, occupy, prospect, develop, and work said mine in a minerlike manner, extracting, milling, and disposing of the ore from the common property without the consent of any nonworking tenant in common, subject to accounting to the nonworking tenant in common for his proportionate share of the net profits of such mining operations.
Source: L. 23: p. 451, § 1. CSA: C. 92, § 8. CRS 53: § 92-23-1. C.R.S. 1963: § 92-23-1.
ANNOTATION
Joint mining adventure must have its origin in contract, although no particular form of expression or formality of execution is necessary, and a parol agreement is sufficient. Smaller v. Leach, 136 Colo. 297, 316 P.2d 1030 (1957).
Mining partnership exists by operation of law where the several owners of mine cooperate in working thereof, and one of the partners may not bind the others to third parties to the extent a general partner may do. Smaller v. Leach, 136 Colo. 297, 316 P.2d 1030 (1957).
It is not necessary that grubstake contract state interest of each of parties, the presumption being equal ownership. Smaller v. Leach, 136 Colo. 297, 316 P.2d 1030 (1957).
Mineral discovery not necessary. Where a contract between parties is to share in claims actually staked in an area found by use of an instrument by one of the parties, a "mineral" discovery is not required before the contract can become effective. Smaller v. Leach, 136 Colo. 297, 316 P.2d 1030 (1957).
Termination of prospecting partnership. In the absence of an agreement or circumstances indicating the contrary, a prospecting partnership terminates with the expedition undertaken pursuant thereto. Smaller v. Leach, 136 Colo. 297, 316 P.2d 1030 (1957).
Denial of profits when cotenant mines without giving notice. Latta v. Stout, 119 Colo. 257, 203 P.2d 496 (1949).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 34-44-103
What does Colorado Revised Statutes § 34-44-103 cover?
Section 34-44-103 ("Mine owners - tenants in common - rights.") 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 § 34-44-103?
A common citation format is "Colorado Revised Statutes § 34-44-103" (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 § 34-44-103 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.