Colorado § 36-2-108 - Settler may maintain trespass.

§ 36-2-108. Settler may maintain trespass.

Any person settled upon any of the public lands belonging to the United States may maintain trespass, ejectment, forcible entry and detainer, unlawful detainer, and forcible detainer for injuries done to the possession thereof.

Source: R.S. p. 532, § 8. G.L. § 2131. G.S. § 2681. R.S. 08: § 5127. C.L. § 1110. CSA: C. 134, § 8. CRS 53: § 112-1-8. C.R.S. 1963: § 112-1-8.

Cross references: For marking of claims, see § 36-2-110; for paramount right of United States, see § 36-2-113.

ANNOTATION

Title by occupancy raised to dignity of real estate. These are all actions applicable only to real estate, and show a clear purpose upon the part of the general assembly to raise title by occupancy to the dignity of real estate, and to surround its tenure with all the safeguards, its transfer with all the formalities, and its enjoyment with all the securities of a fee simple title. Gillett v. Gaffney, 3 Colo. 351 (1877).

This section was not intended to apply to town lots. Tucker v. McCoy, 8 Colo. 368, 8 P. 667 (1885).

Statutory remedies are exclusive. The only right to invoke the aid of the law as between different settlers on the public domain for the invasion or injury of their respective possessory rights is that given by statute, and the only remedies are the statutory remedies enumerated in this section. Adkison v. Hardwick, 12 Colo. 581, 21 P. 907 (1889).

Strict compliance is required. To avail himself of the benefits of this section, a settler must comply strictly with § 112-1-110, CRS 53 (now § 36-2-110), relating to the marking of boundaries. Martin v. Pittman, 3 Colo. App. 220, 32 P. 840 (1893).

A person having title to occupy a mining claim may maintain an action against one trespassing thereon, and such action lies for injury to the growing timber, as well as to the mineral product of the soil itself. McFeters v. Pierson, 15 Colo. 201, 24 P. 1076 (1890).

Where officers are considering conflicting claims. The courts are without jurisdiction to determine the right of contending parties to purchase public land while a controversy is being waged before the proper officers to settle such right. Fulmele v. Camp, 20 Colo. 495, 39 P. 407 (1895).

Officer's jurisdiction to prevent the wrongful invasion of the possession of one in the actual occupancy of the public domain, so long as the title remains in the government, is essential to the maintenance of the peace and order of the community. Fulmele v. Camp, 20 Colo. 495, 39 P. 407 (1895).