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30 U.S.C. § 54Liability for damages to stock raising and homestead entries by mining activities

submitted 77 years ago by ch. 232 to r/title-30-MINERAL-LANDS-AND-MINING · 120 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law expands miner liability for damage on homestead land. After June 21, 1949, such mining also creates liability for harm to grazing value. Before that, miners only paid for damaged crops or buildings.

This section adds a new kind of liability for people who mine on certain homestead land using strip mining or open pit mining. Before June 21, 1949, if someone prospected, mined, or removed minerals from land that was part of a stock-raising homestead entry or patent (or another kind of homestead entry), they were only responsible for paying the entryman or patentee for damage to crops or improvements, things like buildings or fences. This section changes that. Starting June 21, 1949, anyone who strip-mines or open-pit mines minerals from that kind of land is also liable for any damage their mining causes to the land's value for grazing livestock. This liability comes on top of paying for damaged crops or improvements. The section also protects rights that already existed. Nothing in this section takes away any vested right that was already in place on June 21, 1949.
the actual law source: uscode.house.gov ↗public domain

Notwithstanding the provisions of any Act of Congress to the contrary, any person who on and after June 21, 1949 prospects for, mines, or removes by strip or open pit mining methods, any minerals from any land included in a stock raising or other homestead entry or patent, and who had been liable under such an existing Act only for damages caused thereby to the crops or improvements of the entryman or patentee, shall also be liable for any damage that may be caused to the value of the land for grazing by such prospecting for, mining, or removal of minerals. Nothing in this section shall be considered to impair any vested right in existence on June 21, 1949.

Source credit: (June 21, 1949, ch. 232, § 5, 63 Stat. 215.)

history & why it existsrecord from the source credit
  • 1949Enacted · Act of June 21, 1949, ch. 232 · 63 Stat. 215

A history note hasn’t been published yet. The record shows enactment by ch. 232 on 1949-06-21.

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