Interests and instruments to which sections 38-30-157 to 38-30-164 do not apply.

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(1) Sections 38-30-157 to 38-30-164 shall not affect any special limitation or possibility of reverter or condition subsequent or right of entry contained in any conveyance, devise, or appointment for a public, charitable, religious, or educational purpose.

(2) Sections 38-30-157 to 38-30-164 shall not affect any special limitation or possibility of reverter or condition subsequent or right of entry created with respect to any:

  1. Lease;

  2. Mortgage, deed of trust, or other lien to secure a debt;

  3. Communication, transmission or transportation line, or pipeline, railroad, or publicroad;

  4. Easement or right-of-way; or

  5. Reservation or lease of or conveyance, devise, or appointment of any interest in anyoil, gas, or other minerals or right to take oil, gas, or other minerals, or of any interest in water or water rights.

(3) If any instrument includes any interest in real property in addition to one set forth in subsection (2) of this section, sections 38-30-157 to 38-30-164 shall apply to such other interest in real property, except as provided in subsection (1) of this section.

Source: L. 65: p. 941, § 6. C.R.S. 1963: § 118-1-62.


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