Colorado § 36-5-101 - Sale of state lands - servicemen.

§ 36-5-101. Sale of state lands - servicemen.

The state lands, including school lands, excepting only such as may be subject to leases restricting the sale thereof and then only excepting during the duration of such restrictions, shall be sold at public sale in the manner provided by law for the sale of state lands, except as provided in this article, upon the application for the sale thereof executed in accordance with the terms of this article by any permanent resident of the state who intends to settle upon or improve the same, and who was regularly inducted, enlisted, or commissioned in the United States Army, Navy, or Marine Corps and who served therein for a period of more than one month between April 1, 1898, and July 4, 1902, or between April 6, 1917, and November 11, 1918, and was honorably discharged, and who is now, or may at any time, prior to the filing of said application, become a citizen of the United States, and who complies with the provisions of this article.

Source: L. 21: p. 660, § 1. C.L. § 1202. CSA: C. 134, § 101. CRS 53: § 112-5-1. C.R.S. 1963: § 112-5-1.

Cross references: For sale of state lands by the state board of land commissioners, see § 36-1-124.

ANNOTATION

Estoppel in pais. When the state is misled by a person's original application, and alters its position by preparing for a legal sale of part of its lands, an estoppel in pais results against the applicant who seeks to change his position at a later date, and it is not essential to the application of estoppel that the applicant intend to mislead the state. Mowry v. Jackson, 140 Colo. 197, 343 P.2d 833 (1959).

This section provides which war veterans (who shall comply with the provisions of this article) are entitled to come under the act. Mowry v. Jackson, 140 Colo. 197, 343 P.2d 833 (1959).

If a prospective purchaser does not apply as a veteran for the sale of state lands, and the state proceeds in accordance with his application, he may not on the day of the sale petition as a veteran for a fractional sale of state lands. Mowry v. Jackson, 140 Colo. 197, 343 P.2d 833 (1959).

If this section and § 36-5-103 are complied with, then § 36-5-104 provides that the land included in an application shall be appraised at its true value and no more. If said land shall be appraised at more than $7,500, enough land, by legal subdivisions or such fractions thereof as the state board of land commissioners shall approve, shall be excluded by the applicant to bring the value of the remainder below $7,500. Mowry v. Jackson, 140 Colo. 197, 343 P.2d 833 (1959).

No reasonable interpretation of § 36-5-104 requires the board to divide land on a sale date unless it has prior notice of a request in accordance with this section and § 36-5-103. Mowry v. Jackson, 140 Colo. 197 343 P.2d 833 (1959).