Chapter 31 - § 31.2 • STATE BOARD OF LAND COMMISSIONERS

• Jurisdiction: Colorado

§ 31.2 • STATE BOARD OF LAND COMMISSIONERS

The state board of land commissioners is composed of five persons to be appointed by the governor, with the consent of the senate, one of whom is to be elected by the board as its president.⁸ The board is also required to hire a director.⁹ The board serves as the trustee for the lands granted to the state in public trust by the federal government, lands acquired in lieu thereof, and additional lands held by the board in public trust.¹⁰ The board has been characterized as a managing landlord.¹¹ In creating the board, the state did not relinquish trusteeship to the state agency.¹² The board does not in any sense stand in the position of an owner. It is an agent, with a duty to do no less, and power to do no more, respecting the disposition of state lands under its control, than is statutorily provided.¹³ For example, the board has no power to dedicate a road.¹⁴

The board has the duty to manage, control, and dispose of such lands in accordance with the purposes for which the grants of land were made and article IX, § 10 of the Colorado Constitution, and subject to such terms and conditions consistent therewith as may be prescribed by law.¹⁵ In particular, it is the duty of the board to provide for the prudent management, location, protection, sale, exchange, or other disposition of all the lands held by the board as trustee pursuant to article IX, § 9(6) of the Colorado Constitution, in order to produce reasonable and consistent income over time.¹⁶ In furtherance of this duty, the board must (1) prior to the lease, sale, or exchange of any lands for commercial, residential, or industrial development, determine that the income from the lease, sale, or exchange can reasonably be anticipated to exceed the fiscal impact of such development on local school districts and state funding of education from increased school enrollment associated with such development;¹⁷ (2) protect and enhance the long-term productivity and sound stewardship of the trust lands held by the board¹⁸ by, among other activities, establishing and maintaining a long-term stewardship trust of up to 300,000 acres of land valuable primarily to preserve long-term benefits and return to the State of Colorado,¹⁹ including in agricultural leases terms, incentives, and lease rates that will promote sound stewardship and land management practices, long-term agricultural productivity, and community stability,²⁰ managing the development of natural resources in...