Notch Mountain Corp. v. Elliott

We granted certiorari in Elliott v. Notch Mountain Corp., 881 P.2d 434 (Colo. App.1994), to decide whether the court of appeals erred in holding that a severed mineral estate and a reservation in a surface estate constitutes an “equitable interest” sufficient to exercise a right of redemption pursuant to section 39-12-103(1), 16B C.R.S. (1994).

We hold that the right of a severed mineral interest owner to use a reasonable amount of the surface estate for mineral development does not constitute an interest sufficient for such owner to exercise statutory redemption rights in a severed surface…