Colorado § 36-2-112 - Town lots - abandonment - mining districts.

§ 36-2-112. Town lots - abandonment - mining districts.

Any person who has a title to occupy any lot within any city or village plot, or any lots or mining claim within any mining district in this state by virtue of a certificate, deed of gift or purchase from the original claimant, or his assigns, as well as all purchasers, under any decree or execution of any of the so-called provisional government courts, people's or miners' courts, of the lands situate within any city or village plot, or any lots, lands, or mining claims situate within any mining district, together with the original claimant of the lots, lands, or mining claims, shall be entitled to maintain the actions authorized by section 36-2-108 against any person who enters upon and occupies the lots, lands, or mining claims, or any of them. It is lawful for the citizens of mining districts to declare an abandonment of any creek, river, gulch, bank, or mining claim a forfeiture of the rights of the claimants thereto; in which case the parties claimant shall not be enabled to maintain any of the actions mentioned in section 36-2-108.

Source: R.S. p. 533, § 12. G.L. § 2135. G.S. § 2685. R.S. 08: § 5131. C.L. § 1114. CSA: C. 134, § 12. CRS 53: § 112-1-12. C.R.S. 1963: § 112-1-12.

ANNOTATION

To maintain an action for injury to a mining claim, it is not necessary that the claimant should reside on the premises, nor that it should be inclosed or cultivated, nor that he should have a pedis possessio of the claim, according to the common acceptation of that term. McFeters v. Pierson, 15 Colo. 201, 24 P. 1076 (1890).