Mining Claims and Other Land Laws

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PHOTO: ILLUSTRATION
This man wants to be sure to make smart decisions when he seeks a mining claim.

Q.As I understand it, under the General Mining Law of 1872, I can claim from twenty to one hundred and sixty acres by paying one dollar per acre per year, plus a required one hundred dollars per year expenditure for attempting to extract valuable minerals or metals from the ground. What I have not been able to ascertain is if I can live on the claim three hundred and sixty-five days a year. In other words, can I homestead upon the claim while working it?

Also, if no minerals or precious metals are found upon the claim, may I continue to hold title to the land for an indefinite period of time by meeting the above-mentioned tax and expenditure requirements? I hope this public-lands title is a way I can realize my life-long dream.

— Brian Devanney
Shrub Oak, NY

A. Wouldn’t it be nice if we could all lay claim to public lands simply by paying a small fee every year and end up with title to the property? Unfortunately, it doesn’t work that way. Earlier in this decade, some foreign interests claimed a portion of our United States soil under the old 1872 mining law. As that was not the intent of the law, a moratorium has been placed on the granting of mining patents.

Before the moratorium, it was possible to actually receive patented ownership to a mining claim on certain public lands. But even then, it was not exactly easy to do. One could claim up to one hundred and sixty acres for a placer mine (dealing with water), or up to twenty acres for a lode mine (ore located in rock). Many requirements had to be met, and the fees involved were just a part of them.

  • Published on Apr 1, 1998
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