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Commentary and Analysis Regarding Colorado Law

Water Woes and Wars Shape Development in Northern Colorado

If you can’t bring LA to the water, you bring the water to LA…
– Roman Polanski’s Chinatown dramatizes the so-called “California Water Wars”.

I have yet to see Jack Nicholson roaming the plains of Northern Colorado but the factors that drove and challenged growth in Southern California in the late 1930s now take shape in Northern Colorado. 

It takes more than land and a strong market to create a successful development, at least around here.  In Northern Colorado, water is the key ingredient and that resource is in short supply.  The City of Longmont holds a lot of cards.  The Towns of Firestone, Frederick and Mead have the land and the demand.  Longmont’s City Council recently discussed Councilman Brian Bagley’s three point plan to protect Longmont’s eastern border from encroaching municipal neighbors.  A key prong in that plan is to protect Longmont’s store of water rights from being leased or sold to those towns.

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Courts Weigh in on Fracking in the West

Cameron Grant
Submitted by Cameron Grant.

Just when you thought you had heard enough about fracking, western courts are getting into the action.  First, the Colorado Supreme Court is set to take up the issue of local v. state control in the case between the City of Longmont and the Colorado Oil and Gas Association.  Next, the Wall Street Journal reports that a federal judge in Wyoming blocked  Interior Department rules setting stricter standards for hydraulic fracturing on public lands, the second set of major regulations from the Obama administration to be faulted in court in as many months.  It seems that we will have some judicial guidance on the fracking issue in the near future.  Stay tuned . . .

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Why am I not Benefiting from all this Oil and Gas Drilling?

Submitted by John Gaddis

Even with the ups and downs of oil prices, the oil and gas boom in Colorado is continuing. However, if you own land that has an existing oil and gas lease but there is no development of the minerals on your property, what do you do? Does a landowner have any recourse to require the lease holder to explore, develop and produce the minerals? Can the landowner seek to cancel the existing lease and negotiate a new one?

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Fracking Ban May Lead to Takings Claims

Submitted by Cameron A. Grant

Recently the Denver Post reported that Boulder County could be liable for $1 billion in petro “takings” if local governments adopt and enforce bans on the drilling practice called fracking.  On June 24th, voters in the City of Loveland rejected a measure that would have extended a moratorium on drilling in the city limits.  Clearly, the issues surrounding oil and gas development in Colorado are heating up.  Sensational claims continue to be made during this energetic election season.  The potential threat of petro takings is one such claim.

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Do Not Overlook the Real Estate When Buying a Business, Part 1

Four Reasons that a Survey is Important When Buying a Business with Valuable Real Estate

Cameron Grant 01
This is the first of a two-part article addressing the real estate component of a business purchase.  Almost invariably, my clients looking to purchase a new business focus on gross revenues, strategies for decreasing costs, expanding customer base, manufacturing processes and other forward-looking elements of the deal.  Rarely do they focus on one of the most basic and often significant factors – the company real estate.  Whether it is a leased retail location, shared manufacturing facility or a long owned office building, a buyer should not overlook the bricks and mortar.  In Part 1 of this article, I will discuss the importance of a survey when evaluating a business purchase involving valuable real estate.  In Part 2, I will discuss issues involving leases, their evaluation, assignment and assumption.

My clients often ask whether a survey is needed as part of a new business purchase.  If the business does not own real estate or if the real estate is neither valuable nor critical to the business operation, then no, a survey may not be important.  If, however, the company owns valuable real estate or real estate critical to the business operation, then a survey is absolutely an important part of a due diligence process.  In these cases, we strongly suggest that our clients obtain a new survey or update the seller’s existing survey.  This exercise will give you a picture of the property you are about to purchase.  That picture will be an important tool as you determine whether you will control the business real estate.  The following list identifies four pieces of crucial information provided by a survey:

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515 Kimbark Street, Second Floor
Longmont, CO 80502
Phone: 303-776-9900 
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Louisville Office

363 Centennial Parkway, Suite 110
Louisville, CO 80027
Phone: 720-726-3670 
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