Action to recover mining property

Colo. Rev. Stat. § 39-12-102, under Redemption.

Colo. Rev. Stat. § 39-12-102

No action shall be maintained for the recovery of mining or placer claims unless such action is brought within a period of two years from the commencement of actual possession obtained under tax deed.

Source: L. 64: R&RE, p. 744, § 1. C.R.S. 1963: § 137-12-2.

ANNOTATION

Statutes of limitations provide sufficient protection for purchasers under tax deeds. The statutes of limitations, appearing in §§ 38-41-111, 39-12-101, and this section, provide sufficient protection for the purchasers of property under tax deeds without further limitations being imposed by the courts. Until the applicable periods of limitation have expired, tax deeds, even though valid on their face, are subject to attack for irregularities in the proceedings. Bald Eagle Mining & Ref. Co. v. Brunton, 165 Colo. 28, 437 P.2d 59 (1968).

Applied in White Cap Mining Co. v. Resurrection Mining Co., 115 Colo. 396, 174 P.2d 727 (1946) (decided under former law).