Peters v. Smuggler-Durant Mining Corp.

Judge NEY

concurring in part and dissenting in part.

I dissent to the portion of the majority’s opinion determining that Peters’ claim under § 38-41-108, C.R.S. (1982 Repl.Vol. 16A) is not sustainable.

A fair reading of § 38-41-108 indicates that, to establish ownership of land in a quiet title action, an adverse possessor must:

1) Have actual possession for seven years under claim and color of title made in good faith; and

2) Pay all taxes legally assessed on the property during the period of possession.

The trial court found, and the defendant and intervenors do not dispute, that Peters was in…