Claim (mining law)
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A slogan describes the American and Australian mining law the right to natural resources to on public property gain .
history
The concept is based on the Mexican mining law, by which the mining right belonged to the finder of the mineral resources. The size of a claim was what could be mined by an individual or a small group.
The right to claim was introduced in the USA during the California gold rush of 1848. From there it spread over the entire western states. The US Congress legalized the concept in 1866 and implemented it in the Mining Act of 1872.
Claim law was also used in other states, for example during the Australian gold rush that began in 1851.
Staking out a claim
Staking out a claim assumes that a mineral has been found in buildable quantities, which means that a reasonable person ( Prudent Man Rule ) would invest time and money to mine it. Then, the claim was at least 4 ft (1.22 m ) high wooden poles or steel bars or of at least 3 ft (0.91 m) high Steinmännchen staked. The claim can then be registered with both the Bureau of Land Management or United States Forest Service and the local county registrar .
The main types of claims are:
- English placer (minerals occurringin a soap deposit that are not bound in bedrock and occur in banks or streams)
- English Lode (in a corridor , i.e. minerals bound in bedrock)
- English tunnel (the location of a route with all corridors that can be found)
- English Millsite (a maximum of 4 acres (1.62 ha ) for processing the ore)
Patents
In mining , a claim always begins as a non-patented claim. The owner of a non-patented claim must carry out dismantling work on it or pay the office a fee by September 1 of each year, otherwise the claim expires. Activities on non-patented claims are limited to mining.
A patented claim, on the other hand, is a claim for which the state government has issued a patent or an English deed . For this, it must be proven that the minerals can be mined profitably. A patented claim can be used by the owner like real estate for any purpose. The United States government has now stopped funding the patent, so no further claims can be acquired in this way.
Individual evidence
- ^ Rodman W. Paul, California Gold (Lincoln: University of Nebraska Press, 1947), pp. 197-203 and 211-213.
- ^ Rodman W. Paul, California Gold (Lincoln: University of Nebraska Press, 1947), pp. 226-227.
- ^ The General Mining Act of 1872. Commonly known as: The 1872 Mining Law. (No longer available online.) Archived from the original on May 19, 2016 ; accessed on September 9, 2016 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
