Planatlaw

Background We started hearing about “split estates” when federal land managers started opening up more land to mineral exploration a few years ago. Although several western states sought legislation to bring order to chaos, only Wyoming passed a comprehensive law to protect surface land owners from exploitation of a separate mineral interests in 2005 (Wyoming Surface Owner Accommodation Act). This may not seem like much of a problem, but when one realizes more than 58 million acres are in split estate status across the west, the issue takes on more meaning. It’s probably accurate to say “split estates” have been around as long as man has searched for minerals, but became a way for federal government to retain value by simply reserving the mineral rights to the federal government upon a transfer to farmers, ranchers, railroads, etc, who only needed use of the surface. Official recognition of this phenomenon took place in the United States with the passage of 30 U.S.C. §8...

Part I. The Schechter Maxim: Economics change faster than perceptions and perceptions change faster than politics. Jonathon Schechter Zoning as a concept was finally ratified by the U.S. Supreme Court in 1923 because it was a good way to stabilize property values by preventing incompatible land uses coming into close proximity, and better protect the health, safety and welfare of the public by segregating land uses. Generally, this whole thing started out separating industrial areas from residential areas, but as local economies diversified and became more mobile, more and more distinctions in land uses were made, and zoning became a very complicated means to a rather simple end. However, zoning did not solve the problem. It was apparent even before zoning that certain uses were incompatible no matter where they were so regulations and criminal laws were needed to cope with “nuisances”. I represented the Town of Crested Butte in its legal fight with AMAX Corporation over ...

HOME RULE The Schechter Maxim: Economics change faster than Perceptions And Perceptions change faster than Politics. Jonathon Schechter Part I. “Where facts are few; experts are many.” Donald R. Gauman Last year, a series of articles on Home Rule in Colorado appeared over the course of several weeks. It was an excellent series, and while it was being carried, there were other news articles dealing with Home Rule. Given that extensive local coverage, I was surprised when recently, the Sun asked locals what they thought of Home Rule and not one knew anything about it. Now, a petition is out for starting the Home Rule process, but it appears there is still a great deal of information people need to get to make an informed decision on this important step, and I thought I could contribute to that effort. Home Rule originated with court cases, which might be described by conservatives now as asserted by activist judges. Justice Dillon wrote an opinion (1865), wh...

PRINCE OF TIDES Jack Kennedy is quoted as saying “The time to repair the roof is when the sun is shining.” It’s a quote, but it has the ring of a saying like ‘Buy low – sell high.”. It is at once obvious as an inherent truth, and elusive in it’s application. I thought of Kennedy’s words as I was reading The Lonely Prince in the Daily Post last week. Mayor Aragon has accomplished much, but one must attribute a great deal of that success to a period of economic boom - the sun was shining brightly. I might also add that the mayor surrounded himself with really good staff people, like Jay Harrington. As a team, they were able to drive home the nails for bricks-and-mortar projects that will serve this community for generations. The article speaks to the Town’s annexation of outlying commercial properties that substantially increased sales tax revenue derived for the benefit of the Town. In-turn, the Town was able to muster revenue for grant matches and loan payment...