Show LATEST MINING DECISIONS prepared for the mining review by george wester velt attorney at law salt lake city utah lease of coal land under colorado law lair powers of state land board sess laws 1895 c 87 81 3 mills Mill sAnn ann st provides that no lease of state land shall be for a longer term than ten years and that a lessee may renew the ahe same in the fol owing lowing manner at any time within thirty days preceding expiration he shall notify the register of his desire and if the state board and he agree as to the value of the land a new lease may issue bearing even date with the expiration of the old one and on like conditions dit ions provided that the former valuation shall not be decreased without the parties consent and that the board shall not be prohibited from leasing any of the state lands to such parties as shall secure the 11 greatest greatest annual revenue held that the pt provision that when a lease expires the holder may renew at adv any time within thirty days next preceding if he notifies the register of his desire was not a limitation on the powers giantel the board which may or may notre not renew the lease whether the lease be or be not filed within such time time but a restriction or an obligation on the lessee to file his petition within such time and which would deprive him of any equitable ri right ht to insist on a renewal if he failed to do so A mining company leased a section of coal land from the state adjoining its mines and prosecuted its work with reference to its ultimate development it had run its upper levels to strike the upper vein on the leased land in question but it was found too thin to be worked profitably the working 11 on the s second cond vein which was wab much thicker and of good quality was being beinar 11 extended in the direction of the land when its lease was about to expire thereupon it made application to the state land board for a renewal and on its suggestion surrendered the original lease and the board proceeded under the statute and in the full exercise of its authority to consider whether the new lease should be granted and on what terms and ordered that on the surrender of the old lease a new one should be granted for ten years ears at a minimum rov royalty alev of otherwise on the usual terms their record reciting the number of the old lease the compan company V paid its half years royalty 1 by transmitting Us Ls check for the amount with the re recording cordina feeal which was accepted by the proper officer of the board and never returned or offered to be returned until several months afterwards held that the contract for the lease wa complete and the rights 11 1 1 of the parties vested so as to entitle the company to call on the board for the execution of a written lease as evidence of the contract into which it had entered it is not within the power of the state land board to rescind the action of its predecessor in leasing coal lands of the state and to make new contracts which would be of ofay any value or validity colorado fuel iron co vs adams 1 W 60 pac fac R colo ar |