- July 01, 2004
- All Colorado Issuing Offices
- Cheyenne-Arapaho Tribes of Oklahoma claim to land in the counties of Adams, Arapahoe, Boulder, Brent, Broomfield, Chaffee, Cheyenne, Clear Creek, Crowley, Denver, Douglas, El Paso, Elbert, Fremont, Gilpin, Jackson, Jefferson, Kiowa, Kit Carson, Lake, Larimer, Lincoln, Logan, Morgan, Otero, Park, Phillips, Prowers, Pueblo, Sedgwick, Teller, Yuma, Washington, and Weld.
The Cheyenne-Arapaho Tribes of Oklahoma have filed a petition with the Department of the Interior claiming 27 million acres in northeastern Colorado allegedly provided to them in a 19th century treaty. This claim includes approximately forty percent of the state and is to all of the land in Colorado east of the Continental Divide and north of the Arkansas River, bounded on the north by the North Platte River; on the south by the Arkansas River; on the west by the Continental Divide; and on the east by a line roughly midway between the 100th and 101st meridians. In addition, the claim includes water rights on the Platte and Arkansas rivers.
With regard to this claim you must do the following if you have an order in one of the counties listed:
- In Schedule B of your commitment for both owner's and loan policies, add the following note:
"NOTE: The Cheyenne-Arapaho Tribes of Oklahoma have filed a petition with the U.S. Department of the Interior claiming 27 million acres of northeastern Colorado . The claim includes water rights on the Platte and Arkansas rivers. In addition, the claim area includes the county in which the land described in Schedule A is located. Please note that the policy that will be issued to you as provided in this commitment will not include an exception to the claim."
- Before issuing any owner's policy of title insurance you should require the proposed insured to sign a letter that acknowledges disclosure of the claim. Please utilize the form referenced at the end of this bulletin.
- Do not make representations with regard to the claim. Do not represent that the claim is "no problem". Simply advise that Stewart is willing to issue title insurance policies without exception to the claim and provide title insurance in accordance with the terms of the policies.
THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.
- Bulletins Replaced:
- CO000044 This Bulletin has been replaced by CO000047.
- Related Bulletins:
- Underwriting Manual:
- 9.08 Indian Titles
- Exceptions Manual:
- CO Native Americans