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30 U.S.C. § 43Conditions of sale by local legislature

submitted date unrecorded by Congress to r/title-30-MINERAL-LANDS-AND-MINING · 48 words · no verdicts yet

in plain englishAI-generated · not legal advice

If Congress hasn't set mining rules for an area, the local legislature can set conditions of sale instead. These conditions can require easements, drainage, and other steps to fully develop the mine. They must be written into the mine's patent.

If Congress hasn't yet passed the legislation needed to govern mining sales in an area, the local legislature of that State or Territory can step in. It may set its own rules for working the mines there — including rules about easements, drainage, and other things needed to fully develop them, as a condition of the sale. Whatever conditions that legislature sets must be spelled out in full in the mine's patent.
the actual law source: uscode.house.gov ↗public domain

As a condition of sale, in the absence of necessary legislation by Congress, the local legislature of any State or Territory may provide rules for working mines, involving easements, drainage, and other necessary means to their complete development; and those conditions shall be fully expressed in the patent.

Source credit: (R.S. § 2338.)

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