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30 U.S.C. § 26Locators’ rights of possession and enjoyment

submitted date unrecorded by Congress to r/title-30-MINERAL-LANDS-AND-MINING · 241 words · no verdicts yet

in plain englishAI-generated · not legal advice

People who staked mining claims on public land before May 10, 1872, and their heirs, hold the exclusive right to use the surface and the minerals underneath it, as long as they follow federal, state, and local mining laws. This includes veins that run at an angle and drift outside the claim's surface boundaries, but only the part lying between vertical planes drawn through the claim's end lines. A miner can't use this rule to walk onto someone else's claim from the surface.

People who staked ("located") mining claims on veins, lodes, or ledges of minerals on public land — where no one else had already made a competing claim as of May 10, 1872 — get exclusive rights, along with their heirs and anyone they sell to. To keep these rights, they must follow federal mining law, plus any state, territorial, or local rules that don't conflict with federal law. These rights cover the entire surface within the claim's boundary lines. They also cover every mineral vein, lode, or ledge whose top (its "apex") lies inside those surface lines, running all the way down — even if the vein tilts and drifts outside the claim's vertical side lines as it goes deeper. But if a vein does drift outside the claim's vertical side lines, the claim owner's rights to that outside part are limited. The owner only gets the portion of the vein that lies between two vertical planes: these are drawn straight down through the claim's "end lines" (the short boundary lines at each end of the claim) and extended in the same direction those end lines run. This section does not let someone who owns a vein extending beyond their claim's vertical boundaries enter the surface of a claim owned or possessed by someone else.
the actual law source: uscode.house.gov ↗public domain

The locators of all mining locations made on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim existed on the 10th day of May 1872 so long as they comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations. But their right of possession to such outside parts of such veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as above described, through the end lines of their locations, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges. Nothing in this section shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another.

Source credit: (R.S. § 2322.)

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