30 U.S.C. § 81 — Rights of entrymen of lands subsequently classified as coal lands; disposal of coal deposits

submitted 117 years ago by ch. 270 to r/title-30-MINERAL-LANDS-AND-MINING · 300 words · no verdicts yet

in plain englishAI-generated · not legal advice

Someone who honestly claimed public land under non-mineral land laws can still get ownership even if the land later turns out to have coal. The government keeps the coal, but the landowner may mine coal on that land for home use before the government sells the coal rights.

This section covers people who located, selected, or entered public land in good faith under the nonmineral land laws, and whose land was later classified, claimed, or reported as valuable for coal. That person may choose to receive a patent — an ownership document — once they prove they followed the rules for the type of claim they made. The patent will keep, or "reserve," all the coal in the land for the United States, along with the government's right to prospect for, mine, and remove that coal. The coal under such land can later be sold off by the United States under whatever coal land laws are in force at that time. But no one may go onto the land to prospect for, mine, or remove coal without the landowner's consent first — unless a court sets conditions for security and payment of any damages the owner suffers. Before the United States sells the coal, the landowner may mine coal on the land for their own household use. This section does not take away anyone's right to a hearing on whether the land they claimed truly qualifies as coal land. And if that person's final proof shows they acted in good faith and followed the law for their type of claim, they are entitled to a patent with no coal reservation at all — unless, right at that final-proof stage, it is shown the land is mainly valuable for coal.

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

Any person who has in good faith located, selected, or entered under the nonmineral land laws of the United States any lands which subsequently are classified, claimed, or reported as being valuable for coal, may, if he shall so elect, and upon making satisfactory proof of compliance with the laws under which such lands are claimed, receive a patent therefor, which shall contain a reservation to the United States of all coal in said lands, and the right to prospect for, mine, and remove the same. The coal deposits in such lands shall be subject to disposal by the United States in accordance with the provisions of the coal land laws in force at the time of such disposal, but no person shall enter upon said lands to prospect for, or mine and remove coal therefrom, without previous consent of the owner under such patent, except upon such conditions as to security for and payment of all damages to such owner caused thereby as may be determined by a court of competent jurisdiction. The owner under such patent shall have the right to mine coal for use on the land for domestic purposes prior to the disposal by the United States of the coal deposit. Nothing herein contained shall be held to affect or abridge the right of any locator, selector, or entryman to a hearing for the purpose of determining the character of the land located, selected, or entered by him. Such locator, selector, or entryman who has made or shall make final proof showing good faith and satisfactory compliance with the law under which his land is claimed shall be entitled to a patent without reservation unless at the time of such final proof and entry it shall be shown that the land is chiefly valuable for coal.

Source credit: (Mar. 3, 1909, ch. 270, 35 Stat. 844.)

history & why it existsrecord from the source credit

1909Enacted · Act of Mar. 3, 1909, ch. 270 · 35 Stat. 844

A history note hasn’t been published yet. The record shows enactment by ch. 270 on 1909-03-03.

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