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Colorado Energy, Oil and Gas Questions & Answers
1 Answer | Asked in Energy, Oil and Gas for Colorado on
Q: How do I find a lawyer to represent a land owner selling or leasing to a utility grade solar company?
Ashley Dean Powell
Ashley Dean Powell answered on Nov 16, 2018

You may find attorneys advertising this particular expertise. Otherwise, you should look for real estate attorneys in your area. You could be proactive by finding the attorney now, or you can wait until you believe you have an offer/proposal from the solar company to then take with you to an... Read more »

1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for Colorado on
Q: Dispute with HOA over our mineral rights.They are claim ownership rights.We say we own but give HOA POA.Who is correct.

Does HOA have rights to royalties?

From covenants:Mineral Interest. The Board of Directors shall be given the express authority to negotiate the precise loca­tion of any exploration and production activity for minerals of any type with the City of Greeley to approve such location or, in... Read more »

Jim Ed "Jed" Franklin
Jim Ed "Jed" Franklin answered on Apr 4, 2018

There is a lot to this question. The first is whether the lot owners were given the minerals to begin with. If so, then the question is whether this covenant applies to each lot. It probably does. Then, what does this covenant mean. This covenant allows the HOA to execute leases for each lot... Read more »

2 Answers | Asked in Energy, Oil and Gas for Colorado on
Q: Is it possible for me to sell mineral rights to the land under my property but maintain the surface rights above ground?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 10, 2017

Yes, you can. However, a lease or sale of mineral rights will also condition a right to access the above-ground property so the extraction can occur (i.e. the mining trucks will require some means to enter the property to extract the resources). Also, the nature of what is reasonably marketable is... Read more »

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2 Answers | Asked in Energy, Oil and Gas, Estate Planning and Probate for Colorado on
Q: I have a non compliant trustee my sister's will .what should be done

She died 4/96 still hasn't been probated in ok. Where mineral rights are.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jan 6, 2017

At this point the best approach is to contact a probate attorney to discuss your case and potential claims against the trustee. As an aside, it is beyond strange that the estate has not been probated for such a long time (unless complex litigation with appeal occurred with the estate). Make sure to... Read more »

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