COSTILLA COUNTY — Observing that owners of land rights on the Cielo Vista Ranch may have not been taking advantage of those rights, the new owner of the ranch has offered to buy them back for $300 each.
Those rights were granted after Colorado’s longest civil litigation and include keys to the gates for land grant heirs, whose rights were won after 35 years of struggle and many days in court by families of the original grantees, along with attorneys working mostly pro bono.
Identified several months ago as the ranch buyer, William Harrison, on behalf of Cielo Vista Ranch I LLC, sent out letters on Dec. 20, 2017 offering to buy back the land use rights if they weren’t being used.
Harrison writes: “On Aug. 11, 2017, my company purchased the Cielo Vista Ranch (formerly known as the Taylor Ranch). As you may know, the ranch has been the subject of very extended legal proceedings in the Costilla County District Court.
“As part of those proceedings, many Costilla County properties have been determined to have limited rights to access and use the ranch for three things:
Cielo Vista Ranch encompasses 83,368 acres stretching across more than 20 miles of Sangre de Cristo ridgeline and includes the 14,047-foot Culebra Peak and 18 13,000-foot peaks.
The property, a land grant dating to the 1800s, has been owned by North Carolina lumberman Jack Taylor, Enron executive Lou Pai and, most recently, by a group of Texas investors who named it Cielo Vista. This group sold the ranch to Harrison for an estimated $105 million.
In a form letter, Harrison wrote, “property that you own has been granted access and use rights as indicated in a notice previously sent to you by the Costilla District Court. Records of the court and the previous owner do not indicate which property owners in the county have made use of these rights.”
Harrison states, “We have no good way of knowing whether you actually use or want to use the ranch.”
Recipients immediately responded that they, as descendants of the grantees, legally own their land rights, even if they don’t use them.
Harrison’s letter states, “In an effort to determine how many people actually use and want to use the ranch, for the limited purposes listed, and to make sure the resources of the ranch are protected and preserved for those who do use it and have the most interest in using it, we have decided to offer anyone who has been granted the use rights the chance to sell them back to us if they so desire.
“We are therefore offering to pay you $300 in return for your execution of the enclosed termination and release of easement rights form.”
Doing so would end the land rights of whoever submitted the form.
Some heirs tossed the Harrison letter in the trash, while others expressed anger at its writer and his evident intent to again bar neighbors from the ranch, as Taylor did.
The historic property has changed names and hands several times since the 1800s when it was part of a land grant from Mexico and Spain. Throughout the years since, the ranch was the subject of controversial litigation that included a number of decisions rendered by the Colorado Supreme Court.
A Houston attorney, Jackson Walker representing Harrison said, when questioned about the court-granted access, “as of this time, the owner has no plans to change such access.”
The broker who negotiated the sale for the Mirr Ranch Group said in a statement following the August deal that Harrison was “a true conservationist … deeply committed to preserving this national treasure and extraordinary resource.”
The dispute over access to the vast parcel stems from promises made in the mid-1800s that Mexican settlers on the Sangre de Cristo Land Grant would have access to the mountainous regions near their homes for uses necessary for their survival.
In an historic opinion, the Colorado Supreme Court in 2003 upheld the rights of plaintiff property owners (whose heirs and predecessors settled the land grant when it was still part of Mexico) in and around San Luis, to exercise traditional use rights to graze livestock and collect wood and timber on the property known as “La Sierra” or the Taylor Ranch.
In 2004, the court began an identification process to identify the current owners of land entitled to access La Sierra. In 2009, more than 300 individuals provided notice that they intended to use La Sierra for either grazing or to gather timber or firewood.
It has been estimated that the number of adjudicated heirs might rise as high as 3,000 before all claims are finalized.