(1) The general assembly hereby declares that:
(a) The state's commercial mineral deposits are essential to the state's economy;
(b) The populous counties of the state face a critical shortage of such deposits;
(c) Such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state.
(2) The general assembly further declares that, for the reasons stated in subsection (1) of this section, the regulation of commercial mineral deposits, the preservation of access to and extraction of such deposits, and the development of a rational plan for extraction of such deposits are matters of concern in the populous counties of the state. It is the intention of the general assembly that the provisions of this part 3 have full force and effect throughout such populous counties, including, but not limited to, the city and county of Denver and any other home rule city or town within each such populous county but shall have no application outside such populous counties.
Source: L. 73: p. 1046, § 1. C.R.S. 1963: § 92-36-1.
Notes of Decisions
Grynberg v. City of Northglenn, 739 P.2d 230 (Colo. 1987).
· cites it 2× “(1984), in support of their position that the owner of the surface estate can grant permission to conduct exploratory drilling to determine the existence and extent of coal deposits. That act provides that regulation of commercial mineral deposits, the preservation of access to…”
Three Bells Ranch Assocs. v. Cache La Poudre Water Users Ass'n, 758 P.2d 164 (Colo. 1988).
“” In reaching this conclusion, Three Bells relies in part on the legislative declaration that the state’s commercial mineral deposits, including sand, gravel and quarry aggregate are essential to Colorado’s economy, §§ 34-1-301 to -302, 14 C.R.S. (1984), and the prohibition of…”
Cottonwood Farms v. Bd. of Cnty. Commissioners, 763 P.2d 551 (Colo. 1988).
· cites it 2× “The Court of Appeals held, inter alia, that the application of the Preservation of Commercial Mineral Deposits Act (the Preservation Act), §§ 34-1-301 to -305, 14 C.R.S. (1984), to the property as zoned did not effect an unconstitutional taking of the real property.”
Cottonwood Farms v. Bd. of Cnty. Commissioners, 725 P.2d 57 (Colo. Ct. App. 1986).
“Pursuant to the 1973 Preservation of Commercial Mineral Deposits Act, § 34-1-301, et seq., C.R.S. (the Preservation Act), the Colorado Geological Survey had designated this land as containing commercial mineral deposits.”
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