Colorado § 36-1-124 - Sale of state lands.

§ 36-1-124. Sale of state lands.

(1) The state board of land commissioners may at any time direct the sale of any state lands, except as provided in this article, in such parcels as the board deems proper. Except as specified in section 36-1-124.3, all sales under this article, except those to the United States, shall be advertised in four consecutive issues of a weekly paper of the county in which the land is situated, if there is a weekly paper in the county, and, if not, then in a paper published in an adjoining county and in other papers as the board may direct.

(2) Except as specified in section 36-1-124.3, the advertisement shall state the time, place, and terms of sale and the minimum price fixed by the state board of land commissioners for each parcel, lot, block, or tract below which no bid shall be received. All patents and certificates of purchase issued before March 31, 1919, are validated. If any land is sold on which authorized improvements have been made by lessees, the improvements shall be appraised under the direction of the board. When lands on which such improvements have been made are sold, the purchasers, if other than the owner of the improvements, shall pay the appraised value of the improvements to the owner thereof, taking a receipt therefor, and such purchaser shall deposit such receipt with the board before such purchaser is entitled to a patent or certificate of purchase. All such receipts shall be filed and preserved in the office of the state board of land commissioners.

(3) After receipt of a notice authorized by section 24-33-107 (2)(a), C.R.S., identifying lands alleged to have a unique economic or environmental value to the public, the state board of land commissioners shall not proceed with the sale of any lands identified in such notice unless such notice is withdrawn pursuant to section 24-33-107 (2)(c), C.R.S., or unless and until authorized by resolution or act of the general assembly or for two years thereafter, whichever first occurs. Thereafter, all the requirements of this article as to manner and terms of sale of state lands shall be deemed to have been met with respect to any sale of state lands made to the department of natural resources pursuant to the provisions of section 24-33-107 and article 1 of title 38, C.R.S.

(4) After any lands are designated as being included as part of the long-term stewardship trust established in section 36-1-107.5, the state board of land commissioners shall not proceed with the sale or exchange of any lands so designated unless such lands are first removed from the trust pursuant to section 36-1-107.5.

Source: L. 19: p. 646, § 17. C.L. § 1170. CSA: C. 134, § 69. L. 49: p. 553, § 4. CRS 53: § 112-3-25. C.R.S. 1963: § 112-3-25. L. 65: p. 921, § 2. L. 67: p. 50, § 1. L. 73: p. 178, § 3. L. 97: (1) and (2) amended and (4) added, p. 842, § 20, effective May 21. L. 2009: (1) amended, (SB 09-022), ch. 246, p. 1110, § 2, effective May 14. L. 2010: (1) and (2) amended, (HB 10-1165), ch. 124, p. 411, § 1, effective April 15.

Cross references: For additional provisions concerning the sale of state lands, see article 5 of this title.

ANNOTATION

I. General Consideration.

II. Advertisement of Sale.

I. GENERAL CONSIDERATION.

Annotator's note. Cases relevant to the subject matter of this section which were decided prior to its earliest source have been included in the annotations to this section.

Personal presence of board is not required at sale. The correct construction of the powers and duties of the board does not require the personal presence of the board at a sale of public land. Routt v. Greenwood Cem. Land Co., 18 Colo. 132, 31 P. 858 (1902).

Under earlier law, payment by purchaser for improvements was not a condition precedent to completion of sale. An appraisement of the improvements of a lessee upon school land and a deposit of a receipt of the lessee showing payment by the purchaser of the value of the improvements was not a condition precedent to the power of the land board to complete the sale. Such provisions were for the benefit of the lessee, and did not constitute limitations upon the power of the board. People v. Tynon, 2 Colo. App. 131, 29 P. 809 (1892).

Transfer of property from state board of land commissioners to other public entity in exchange for land of equivalent value is not a "sale" of property under this section. Sorenson v. Reg'l Transp. Dist., 745 P.2d 1047 (Colo. App. 1987).

II. ADVERTISEMENT OF SALE.

Register, under direction of board, may advertise and sell lands. When the board has properly exercised its jurisdiction and done the substantial things that insure a sale for at least a price that, in its judgment, is fair and adequate, then the advertising and making the sale in strict conformity with the regulations prescribed by the general assembly may be done by the register; and the board, by directing him to perform these duties, in no measure surrenders or delegates its trust functions. Routt v. Greenwood Cem. Land Co., 18 Colo. 132, 31 P. 858 (1902).

Where attempted nonsimultaneous exchange of land specified a fixed value for the state property, did not specify a time period for transfer of the private property, and the board issued a patent when the private property had not yet even been identified, the transfer amounted to a sale in violation of both the constitution and the implementing statutes. E. Lake Creek Ranch, LLP v. Brotman, 998 P.2d 46 (Colo. App. 1999), rev'd on other grounds, 31 P.3d 886 (Colo. 2001).

The publication of the notice required by this section is an essential and mandatory requirement. Briggs v. People, 21 Colo. App. 85, 121 P. 127 (1912).

The publication of a notice is not sufficient where omitted from numerous copies of the newspaper. A notice of the sale of public lands which is omitted from numerous copies of the newspaper in which publication was directed and begun is not a compliance with this section, and a sale made upon such publication to one who at the time had notice of the defect must be vacated. Briggs v. People, 21 Colo. App. 85, 121 P. 127 (1912).

The board is not required to designate newspaper for advertising. While it might be the better practice for the board to designate the particular weekly newspaper in which the notice of sale should be published, and to designate other papers as in its discretion it may, there is no statutory provision requiring this to be done. Routt v. Greenwood Cem. Land Co, 18 Colo. 132, 31 P. 858 (1892).

The state is not under duty to make compensation for improvement of public lands, sold without the statutory notice to one who purchased with notice of the defect. Briggs v. People, 21 Colo. App. 85, 121 P. 127 (1912).

Taxpayer has no standing to challenge the management decisions of the state board of land commissioners with regard to school lands. Such decisions have no effect on taxpayers, because the management of school lands has no effect on the state's funding of schools through the taxing power. Brotman v. E. Lake Creek Ranch, LLP, 31 P.3d 886 (Colo. 2001).