§ 24-65.5-104 — Enforcement - remedies

Colorado § 24-65.5-104

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Notification of Surface Development

Text

(1) (a) If an applicant certifies to the
local government that such applicant has complied with the notice requirements of
section 24-65.5-103 and that no mineral estate owner has entered an appearance
or filed an objection as provided in this article to the applicant and to the local
government, after the final approval of the application for development, no
development or related activities contemplated by such application, no permit or
other approval by such local government, and no permit or other approval by any
other local government or agency that approves or permits such development or
related activities or any aspect thereof shall, except as provided in subparagraphs
(I) and (II) of this paragraph (a), be rescinded, curtailed, abrogated, or otherwise
restricted in connection with any purported noncompliance with the notice
requirements of section 24-65.5-103 that may be alleged by any party. If the
applicant complies with the publication and posting notice requirements of the
local government reviewing its application for development, and if an applicant
certifies that it has provided the required notice as provided in section 24-65.5-103
in a timely manner, mineral estate owners shall be deemed to have constructively
received notice of the application for development. In such event, if the applicant
otherwise complies with this article, the applicant shall not have any liability to a
mineral estate owner for any legal or equitable remedy or relief arising from, in
connection with, or otherwise relating to the application for development, any
development activities commenced on the surface of the real property, any inability
or impediment or other hindrance to drilling operations or other development of the
mineral estate or any portion thereof, or any actual failure to receive any notice
required by section 24-65.5-103 or 31-23-215, C.R.S., unless:

(I) The applicant knowingly and willfully provides a false certification with
respect to the provision of notice, the existence of a surface use agreement, the
designation of oil and gas operations areas, or the establishment of an escrow
account as required by this article, in which case any local government approval of
the application for development is null and void and all aggrieved parties shall have
all legal and equitable remedies available to them;

(II) The certification by the applicant with respect to the provision of notice is
incorrect due to the negligence of the applicant or its agent in identifying the
mineral estate owners entitled to actual notice under this article, in which case a
mineral owner entitled to actual notice that was not sent such notice in the manner
required by section 24-65.5-103 is entitled to file an objection to the application for
development at any time prior to the final approval of the application for
development and to seek compensatory damages only thereafter, in accordance
with paragraph (b) of this subsection (1); or

(III) A mineral estate owner, who received constructive notice only and did
not enter an appearance or file an objection with the applicant and the local
government within thirty days after the initial public hearing on the application for
development, files suit for compensatory damages within one year after the posting
of the property with a sign indicating that the application for development has
received final approval by the local government.

(b) With respect to actions brought under subparagraph (II) or (III) of
paragraph (a) of this subsection (1), a mineral estate owner may not recover special,
punitive, or other extraordinary damages and is not entitled to equitable remedy or
relief. The prevailing party in such action is entitled to an award of reasonable
attorney fees.

(2) A mineral estate owner entitled to notice pursuant to section 24-65.5-103
has standing to enforce the requirements of that section, and, except as provided in
this subsection (2) with respect to qualifying surface developments, has standing to
make claims as may be available at law or equity for noncompliance. With respect
to qualifying surface developments:

(a) A mineral estate owner has standing to move for the vacation of the final
plat covering an area in which the mineral estate owner owns a mineral estate after
depletion of the incremental drilling funds in an escrow account posted under
section 24-65.5-103.7 in connection with the recording of such plat only to the
extent of areas encompassed within commission-approved drilling windows, and
upon the granting of such vacation by the local government has the right to
conduct oil and gas drilling and production operations within such commission-approved drilling windows, if such mineral estate owner establishes to the
satisfaction of the local government that there is no reasonable likelihood that the
surface development approved in such plat will occur and if all other local
government requirements for vacating the plat are met.

(b) If a mineral estate owner believes that the oil and gas operations area
designated by the applicant for land in which such mineral estate owner owns a
mineral estate does not satisfy the criteria specified in section 24-65.5-103.5, such
person may register an objection with the local government within thirty days after
the public hearing at which the oil and gas operations area is designated, and may
appeal the designation to the district court having jurisdiction of the land covered
by such application within thirty days after the decision of the local government
with respect to such objection.

Legislative History

Source: L. 2001: Entire article added, p. 488, � 2, effective July 1. L. 2002: IP(2) amended, p. 892, � 3, effective August 7. L. 2003: (1) amended and (2.5) added, p. 4, � 2, effective February 26. L. 2007: Entire section R&RE, p. 2120, � 5, effective August 3.