30 U.S.C. § 38 — Evidence of possession and work to establish right to patent

submitted date unrecorded by Congress to r/title-30-MINERAL-LANDS-AND-MINING · 137 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a miner and their predecessors have worked a mining claim as long as the state's statute of limitations requires, that fact alone proves their right to a patent. This applies as long as no one else has a competing claim. The rule doesn't erase any lien already attached to the claim before the patent was issued.

If a person or association — including everyone who previously held the claim before them — has held and worked a mining claim for a period equal to the time required under the mining-claim statute of limitations for the State or Territory where the claim sits, that possession and work is by itself enough evidence to establish a right to a patent, 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. This only works in the absence of any adverse claim. Nothing in those sections is meant to impair any lien that had already attached, in any way, to a mining claim or property attached to it, before a patent was issued.

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

Where such person or association, they and their grantors, have held and worked their claims for a period equal to the time prescribed by the statute of limitations for mining claims of the State or Territory where the same may be situated, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto 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, in the absence of any adverse claim; but nothing in such sections shall be deemed to impair any lien which may have attached in any way whatever to any mining claim or property thereto attached prior to the issuance of a patent.

Source credit: (R.S. § 2332.)

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