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30 U.S.C. § 35Placer claims; entry and proceedings for patent under provisions applicable to vein or lode claims; conforming entry to legal subdivisions and surveys; limitation of claims; homestead entry of segregated agricultural land

submitted 135 years ago by Congress to r/title-30-MINERAL-LANDS-AND-MINING · 198 words · no verdicts yet

in plain englishAI-generated · not legal advice

"Placer" mining claims — mineral deposits other than veins or rock in place — can be patented much like vein or lode claims. On surveyed land they must follow the public survey's legal subdivisions and can't exceed 20 acres per claimant, and leftover small agricultural parcels can still be homesteaded.

This section covers "placer" mining claims, meaning deposits of minerals other than veins of quartz or other rock in place. These claims can be entered and patented under the same general process used for vein or lode claims. On land already surveyed by the United States, though, the claim's outer boundaries must conform to the legal subdivisions of the public land survey. When a placer claim is on surveyed land and already matches the legal subdivisions, no further survey or plat is needed. Every placer claim located after May 10, 1872, must conform as closely as practical to the U.S. public-land survey system and its rectangular subdivisions, and no single claim by one person or association may include more than 20 acres per claimant. When a placer claim can't be made to fit the legal subdivisions, it must be surveyed and platted as if the land were unsurveyed. Finally, if separating out mineral land from a legal subdivision leaves less than 40 acres of agricultural land, that leftover fractional piece may still be claimed by anyone legally qualified, for homestead purposes.
the actual law source: uscode.house.gov ↗public domain

Claims usually called “placers,” including all forms of deposit, excepting veins of quartz, or other rock in place, shall be subject to entry and patent, under like circumstances and conditions, and upon similar proceedings, as are provided for vein or lode claims; but where the lands have been previously surveyed by the United States, the entry in its exterior limits shall conform to the legal subdivisions of the public lands. And where placer claims are upon surveyed lands, and conform to legal subdivisions, no further survey or plat shall be required, and all placer-mining claims located after the 10th day of May 1872, shall conform as near as practicable with the United States system of public-land surveys, and the rectangular subdivisions of such surveys, and no such location shall include more than twenty acres for each individual claimant; but where placer claims cannot be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands; and where by the segregation of mineral land in any legal subdivision a quantity of agricultural land less than forty acres remains, such fractional portion of agricultural land may be entered by any party qualified by law, for homestead purposes.

Source credit: (R.S. §§ 2329, 2331; Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097.)

history & why it existsrecord from the source credit
  • 1891Enacted · Act of Mar. 3, 1891, ch. 561 · 26 Stat. 1097

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