Colorado § 38-30-107.5 - Royalty interests - minerals or geothermal resources.

§ 38-30-107.5. Royalty interests - minerals or geothermal resources.

(1) Any conveyance, reservation, or devise of a royalty interest in minerals or geothermal resources, whether of a perpetual or limited duration, contained in any instrument executed on or after July 1, 1991, creates a real property interest which vests in the holder or holders of such interest the right to receive the designated royalty share of the specified minerals or geothermal resources or the proceeds therefrom in accordance with the terms of the instrument. Unless otherwise provided in the conveyance, reservation, or devise, the holder of such interest shall not have the right to:

(a) Explore for or develop the minerals or geothermal resources;

(b) Grant a mineral development lease; or

(c) Receive any share of rentals, bonus payments, surface damage payments, or similar sums that might be payable under the terms of any mineral development lease.

Source: L. 91: Entire section added, p. 1677, § 1, effective July 1.

ANNOTATION

Rule against perpetuities inapplicable to option contract for mineral rights of stockholder. Although the option contract clearly identified a specific property interest as the subject matter of the option, the terms were insufficient to create an interest in the property described since mineral interests were yet to be distributed. Temple Hoyne Buell v. Holland & Hart, 851 P.2d 192 (Colo. App. 1992).