ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

30 U.S.C. § 29Patents; procurement procedure; filing: application under oath, plat and field notes, notices, and affidavits; posting plat and notice on claim; publication and posting notice in office; certificate; adverse claims; payment per acre; objections; nonresident claimant’s agent for execution of application and affidavits

submitted 146 years ago by Congress to r/title-30-MINERAL-LANDS-AND-MINING · 629 words · no verdicts yet

in plain englishAI-generated · not legal advice

A person, association, or corporation that properly located a mining claim can apply for a land patent. They must file a sworn application, a plat and field notes, post notice on the claim, and publish notice for 60 days. If no one files an adverse claim in that time, and the claimant pays $5 per acre, the patent is issued.

This is one long, undivided provision. It is explained here step by step, in the order the text presents them. Step 1 — Application: anyone authorized to locate a claim under the listed sections (21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title, and section 661 of title 43), who has claimed and located land for that purpose and complied with those sections' terms, may file an application for a patent at the proper land office. The application must be under oath (sworn) and show that compliance. It must include a plat (map) and field notes, made by or under the direction of the Director of the Bureau of Land Management, accurately showing the claim's boundaries — which must be distinctly marked by monuments on the ground. Step 2 — Posting notice: before filing the application, the claimant must post a copy of the plat, along with a notice of the application, in a conspicuous place on the claimed land. The claimant must then file an affidavit from at least two people confirming the notice was duly posted, plus a copy of the notice itself, with the land office. Step 3 — Publication: once the application, plat, field notes, notices, and affidavits are filed, the register of the land office must publish notice of the application for 60 days in a newspaper he designates as published nearest the claim, and must also post that same notice in his office for 60 days. Step 4 — Proof of value: at the time of filing, or any time within that 60-day publication period, the claimant must file with the register a certificate from the Director of the Bureau of Land Management confirming that $500 worth of labor has been expended or improvements made on the claim by the claimant or earlier grantors, that the plat is correct, and giving a further description — by reference to natural objects or permanent monuments — to identify the claim for the patent. Step 5 — Final proof: at the end of the 60 days of publication, the claimant must file an affidavit showing the plat and notice stayed posted in a conspicuous place on the claim the whole time. Step 6 — Issuing the patent: if no adverse claim has been filed with the register by the end of the 60 days, it is assumed the applicant is entitled to a patent and that no adverse claim exists. The claimant then pays $5 per acre to the proper officer. After that, no objection from third parties to issuing the patent may be heard — except a claim that the applicant failed to comply with the required sections. Step 7 — Nonresident claimants: if the claimant for a patent does not live in, or is not within, the land district where the claim is located, an authorized agent — someone familiar with the facts the affidavits must establish — may make the application and affidavits on the claimant's behalf.
the actual law source: uscode.house.gov ↗public domain

A patent for any land claimed and located for valuable deposits may be obtained in the following manner: Any person, association, or corporation authorized to locate a claim under sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43, having claimed and located a piece of land for such purposes, who has, or have, complied with the terms of sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title, and section 661 of title 43, may file in the proper land office an application for a patent, under oath, showing such compliance, together with a plat and field notes of the claim or claims in common, made by or under the direction of the Director of the Bureau of Land Management, showing accurately the boundaries of the claim or claims, which shall be distinctly marked by monuments on the ground, and shall post a copy of such plat, together with a notice of such application for a patent, in a conspicuous place on the land embraced in such plat previous to the filing of the application for a patent, and shall file an affidavit of at least two persons that such notice has been duly posted, and shall file a copy of the notice in such land office, and shall thereupon be entitled to a patent for the land, in the manner following: The register of the land office, upon the filing of such application, plat, field notes, notices, and affidavits, shall publish a notice that such application has been made, for the period of sixty days, in a newspaper to be by him designated as published nearest to such claim; and he shall also post such notice in his office for the same period. The claimant at the time of filing this application, or at any time thereafter, within the sixty days of publication, shall file with the register a certificate of the Director of the Bureau of Land Management that $500 worth of labor has been expended or improvements made upon the claim by himself or grantors; that the plat is correct, with such further description by such reference to natural objects or permanent monuments as shall identify the claim, and furnish an accurate description, to be incorporated in the patent. At the expiration of the sixty days of publication the claimant shall file his affidavit, showing that the plat and notice have been posted in a conspicuous place on the claim during such period of publication. If no adverse claim shall have been filed with the register of the proper land office at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent, upon the payment to the proper officer of $5 per acre, and that no adverse claim exists; and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the terms of sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43. Where the claimant for a patent is not a resident of or within the land district wherein the vein, lode, ledge, or deposit sought to be patented is located, the application for patent and the affidavits required to be made in this section by the claimant for such patent may be made by his, her, or its authorized agent, where said agent is conversant with the facts sought to be established by said affidavits.

Source credit: (R.S. § 2325; Jan. 22, 1880, ch. 9, § 1, 21 Stat. 61; Mar. 3, 1925, ch. 462, 43 Stat. 1144, 1145; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)

history & why it existsrecord from the source credit
  • 1880Enacted · Act of Jan. 22, 1880, ch. 9 · 21 Stat. 61
  • 1925Amended · Act of Mar. 3, 1925, ch. 462 · 43 Stat. 1144, 1145

A history note hasn’t been published yet.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case