C.R.S. § 39-11.5-201: County-held severed mineral rights - procedure - form.

(1) Any county in this state having in its possession certificates of purchase resulting from a tax lien sale for nonpayment on severed minerals may after three years file an application for treasurer's deed in the same manner as a lawful holder of a certificate of purchase.

(2) No less than thirty calendar days prior to an originally scheduled public auction date, a treasurer may mail by first-class mail a copy of a notice of public auction along with a right of first refusal form to the record owner of the surface property. The right of first refusal form must be substantially in the following form:

Notice by surface owner to exercise right of first Refusal

To ___________________ county treasurer

Under the right of first refusal granted to me by section 39-11.5-201, Colorado revised statutes, I _____________ (full name) do now exercise the option to purchase the severed minerals with the following legal description: insert legal description

located at _______________________ (address), if applicable

In the amount of $________________ (insert full amount due to redeem severed mineral rights)

Which I shall pay on or before ________________ date (date shall be set at ten business days or noon the day before the currently scheduled public auction, whichever occurs first).

Witness my signature this ______ day of __________________, 20___.

___________________

Signature of surface owner(s)

(3) (a) A surface owner has fourteen calendar days from the date of the mailing by the treasurer to file the form exercising the right of first refusal.

(b) If no response is received from a surface owner by the deadline in this section, the option of first refusal expires.

(c) Upon receipt of a right of first refusal payment, a treasurer shall execute and record a withdrawal of the application for treasurer's deed pursuant to section 39-11.5-111 (3).

(d) No more than ten business days after receipt of a right of first refusal payment, a treasurer shall execute and record a certificate of redemption pursuant to section 39-11.5-106 (4).

(e) No more than ten business days after receipt of a right of first refusal payment, a treasurer shall execute and record a treasurer's deed pursuant to section 39-11.5-501.

(f) All fees and costs of a treasurer for actions performed under this section and the cost of recording the certificate of redemption, withdrawal of the application for treasurer's deed, and treasurer's deed may be waived by the treasurer.

(4) If an aggrieved person contests the amount set forth in the right of first refusal statement prepared by a treasurer pursuant to subsection (2) of this section and a court determines that the treasurer made a material misstatement on the first refusal statement with respect to the amount due and owing to the county, the court shall, in addition to other relief, award to the aggrieved person the aggrieved person's court costs and reasonable attorney fees and costs.

(5) A surface owner shall purchase the entire severed mineral property located beneath their property. No partial purchase is permitted under this section. The priority of liens for purposes of this section must be determined without consideration of the fact that the lien relates to only a portion of the property or to a partial interest therein.