30 U.S.C. § 103 — Patents for oil or gas lands not denied because of transfer before discovery of oil or gas; acreage limitation; nonapplication to withdraw lands

submitted 115 years ago by ch. 201 to r/title-30-MINERAL-LANDS-AND-MINING · 139 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section says a patent for oil or gas land claimed before March 2, 1911 can't be denied just because the claim changed hands before oil or gas was found. If the claim is otherwise valid, the patent holder gets up to 160 acres. The rule doesn't apply to land withdrawn from mineral entry before development began.

This section is not split into lettered parts, but it has a main rule and a limit. Main rule: a patent cannot be denied for land claimed or located before March 2, 1911, under federal mining laws, just because the original locator transferred or assigned the claim — or any interest in it — to a qualified person or corporation before oil or gas was discovered there. As long as the claim is valid and proper in every other way, the holder gets a patent for up to 160 acres in any one claim, just as in other cases. Limit: this rule does not apply if the land was already withdrawn from mineral entry at the time development on the claim began.

the actual law source: uscode.house.gov ↗public domain

In no case shall patent be denied to or for any lands located or claimed prior to March 2, 1911, under the mining laws of the United States containing petroleum, mineral oil, or gas solely because of any transfer or assignment thereof or of any interest or interests therein by the original locator or locators, or any of them, to any qualified persons or person or corporation, prior to discovery of oil or gas therein, but if such claim is in all other respects valid and regular, patent therefor not exceeding one hundred and sixty acres in any one claim shall issue to the holder or holders thereof, as in other cases. The above provisions shall not apply where such lands were at the time of inception of development on or under such claim withdrawn from mineral entry.

Source credit: (Mar. 2, 1911, ch. 201, § 1, 36 Stat. 1015.)

history & why it existsrecord from the source credit

1911Enacted · Act of Mar. 2, 1911, ch. 201 · 36 Stat. 1015

A history note hasn’t been published yet. The record shows enactment by ch. 201 on 1911-03-02.

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