Mining Equipment - Ownership

C.R.S. tit. 34, art. 46

in effect

C.R.S. § 34-46-101 Definitions

34-46-101. Definitions. As used in this article, unless the context otherwise requires: (1) "Mining equipment" includes all parts of a mine plant or any equipment used in connection with any such plant, whether the same is underground or on the surface, which contributes or may contribute to the mining, treatment, or handling of ores, or any metalliferous or nonmetalliferous mineral products, and, without restriction, such generalization includes any new or used tools, track, cars, pipe, cable, timber, belting, houses, tents, or treatment plants or parts thereof, of the value when new of not less than twenty-five dollars.

C.R.S. § 34-46-102 Written evidence of ownership required

34-46-102. Written evidence of ownership required. It is unlawful for any person to have in his possession any mining equipment acquired after April 16, 1941, without the written evidence of ownership or right of possession.

C.R.S. § 34-46-103 Prohibiting destruction, appropriation, or deprivation of use

34-46-103. Prohibiting destruction, appropriation, or deprivation of use. It is unlawful for any person to destroy or appropriate to his own use any mining equipment of which he is not the lawful owner and possessor or to deprive the lawful owner and possessor of the use or possession thereof.

C.R.S. § 34-46-104 When transportation prohibited except by railroad

34-46-104. When transportation prohibited except by railroad. It is unlawful to transport any used mining equipment except by railroad transportation without first obtaining written evidence of ownership or right of possession thereof by the person transporting the same, or satisfying the local sheriff or other peace officers of the county in which machinery is located that the person desiring to move such used machinery or equipment as defined in section 34-46-101 is responsible and has a legal right to move such used machinery or equipment. Such evidence shall, upon demand of any peace officer or Colorado state trooper, be exhibited, and unless so exhibited, any such officer shall take possession of such mining equipment at the expense, if any, of the shipper and shall hold the same until the provisions of this article have been complied with.

C.R.S. § 34-46-105 Penalty

34-46-105. Penalty. Any person who violates any provision of this article commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

C.R.S. § 34-46-106 Possession prima facie unlawful - when

34-46-106. Possession prima facie unlawful - when. Upon the trial of any person charged with the theft or unlawful possession of mining equipment, or with the violation of any provision of this article, the possession by such person of such mining equipment without written evidence of ownership or right of possession shall be prima facie evidence that such possession is unlawful.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-34.docxFetched: 10/6/2026