The land included in said application shall be appraised at its true value and no more. If said land is appraised at more than seven thousand five hundred dollars, 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 seven thousand five hundred dollars.
Source: L. 21: p. 661, § 4. C.L. § 1205. CSA: C. 134, § 104. CRS 53: § 112-5-4. C.R.S. 1963: § 112-5-4.
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).
No reasonable interpretation of this section 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 36-5-103. Mowry v. Jackson, 140 Colo. 197, 343 P.2d 833 (1959).