Nothing in this article shall be construed to deny the right of the United States to dispose of any lands in this state; nor shall the fact that the title to any lots, lands, lodes, or mining claims has not passed from the United States be any bar to the recovery of the plaintiff in any of the actions specified in section 36-2-108. As against the United States, and all persons holding any of the lands under the United States, or the laws thereof, this article shall be ineffective and void.
Source: R.S. p. 533, § 13. G.L. § 2136. G.S. § 2686. R.S. 08: § 5132. C.L. § 1115. CSA: C. 134, § 13. CRS 53: § 112-1-13. C.R.S. 1963: § 112-1-13.
ANNOTATION
Law reviews. For article, "The Myth of the Classic Property Clause Doctrine", see 63 Den. U.L. Rev. 495 (1986).
The rights given do not apply to land held under federal preemption or homestead laws. The law regulating the rights of settlers upon government land, as between themselves, has no force as applied to land which has been filed upon and is held under the preemption or homestead law of the United States. Union Pac. Ry. v. Kennedy, 12 Colo. 235, 20 P. 696 (1888).
There can be no recovery in ejectment against homestead claimant. An occupant of public lands claiming under this article will not be allowed to recover in ejectment against a claimant under the homestead act of the United States, and the plaintiff in such case will not be permitted to twist his action into an action for trespass. Rudolph v. Thompson, 66 Colo. 98, 179 P. 151 (1919).
Squatter on "school land" acquired no rights as against the federal government. Where a squatter on "school land", which was given to the state by the national government, filed his declaratory statement as prescribed by § 36-2-105, whatever possessory rights were thus conferred, it is clear, not only by virtue of the provisions of this section, but in the absence of such provision, the respondent acquired no rights of any kind as against the United States, or its grantees. Farmers' High Line Canal & Reservoir Co. v. Moon, 22 Colo. 560, 45 P. 437 (1896).