In addition to the matters contained in other applications for the sales of state lands, applications under this article shall contain and be accompanied by proof, satisfactory to the state board of land commissioners and conclusive beyond reasonable doubt, of the applicant's qualifications and the affidavit of the applicant that such application is made in good faith for the purpose of acquiring the land for himself only and for the purpose of settling upon or improving the same. No person shall be entitled or allowed to make more than one application under this article, and no application shall include more land than the applicant shall estimate to be worth seven thousand five hundred dollars. The lands purchased under this article need not be contiguous if the state board of land commissioners approves a sale of noncontiguous lands.
Source: L. 21: p. 661, § 3. C.L. § 1204. CSA: C. 134, § 103. CRS 53: § 112-5-3. C.R.S. 1963: § 112-5-3.
ANNOTATION
Estoppel in pais. When the state is misled by a person's original application, and alters its position by preparing for a legal sale of part of its lands, an estoppel in pais results against the applicant who seeks to change his position at a later date, and it is not essential to the application of estoppel that the applicant intended to mislead the state. Mowry v. Jackson, 140 Colo. 197, 343 P.2d 833 (1959).
Where an applicant does not comply with the veteran's statute in his original application, he cannot be heard to complain on the date set for sale, in accordance with his own request, that the rules of the sale should be changed. He has by his conduct estopped himself from claiming purchase rights to particular land as a veteran. Mowry v. Jackson, 140 Colo. 197, 343 P.2d 833 (1959).
If § 36-5-101 and this section are complied with, then § 36-5-104 provides that the land included in an application shall be appraised at its true value and no more. If said land shall be appraised at more than $7,500, enough land, by legal subdivisions or such fractions thereof as the state board of land commissioners shall approve, shall be excluded by the applicant to bring the value of the remainder below $7,500. Mowry v. Jackson, 140 Colo. 197, 343 P.2d 833 (1959).
No reasonable interpretation of § 36-5-104 requires the board to divide land on a sale date unless it has prior notice of a request in accordance with § 36-5-101 and this section. Mowry v. Jackson, 140 Colo. 197, 343 P.2d 833 (1959).