Title 82, Title 82

The relocator of an abandoned or forfeited mining claim may adopt as the relocator's discovery any shaft or other working existing upon the claim at the date of the relocation in which the vein, lode, or deposit is disclosed, but in that shaft or other working, the relocator shal…

The rights of a relocator of any relocated abandoned or forfeited mining claim date from the posting of the relocator's notice of location on the claim, and while the relocator is performing the acts required by law to perfect the location, the relocator's rights may not be affec…

A locator or claimant may at any time amend the location and make any change in the boundaries that does not involve a change in the point of discovery as shown by the discovery shaft by marking the location as amended upon the ground and filing an amended certificate of location…

A locator or claimant may at any time relocate the locator's or claimant's own claim for any purpose, except to avoid the performance of annual labor on the claim, and, by the relocation, may change the boundaries of the claim, the point of discovery, or both. However, the reloca…

When a locator or claimant amends or relocates the locator's or claimant's own claim, the amendment or relocation may not be construed as a waiver of any right or title acquired by the locator or claimant by virtue of the previous location or record of that location, except as to…

No amendment or relocation of a mining claim by the locator or claimant thereof shall interfere with any third person's right existing at the time of such amendment or relocation.

All mining locations made and recorded under the laws of this state heretofore in force that in any respect have failed to conform to the requirements of such laws shall, nevertheless, in the absence of the rights of third persons accruing prior to the passage of this part, be va…

The period of time prescribed by this part for the performance of any act may not be considered mandatory if the act is performed before the rights of third persons have intervened, and a defect in the posted notice or recorded certificate may not be considered material except as…

The issuance of a United States patent for a mining claim is considered conclusive evidence that the requirements of the laws of this state relative to the location and record of such mining claim have been duly complied with. However, if questions of priority are involved, the d…

If, at any time, the locator of a mining claim or the locator's successors or assigns determine that the original declaratory statement was defective or erroneous, determine that the requirements of law were not complied with, or want to change the boundaries or take in any part …

A person who offers a location certificate for a placer mining claim or lode claim or affidavit of assessment work to be filed in an office of a county clerk of this state on the person's own behalf or for any other person or a person who procures others to do so, knowing that th…

The owner of a mining claim held under the laws of the United States by patent or otherwise or under the local laws and customs of the state has a right-of-way over and across the land or mining claim of another, patented or otherwise, as prescribed in this part.

Whenever a mine or mining claim is so situated that it cannot be conveniently worked without a road thereto or a ditch to convey water thereto or a ditch or a cut to convey the water therefrom or without a flume to carry water and tailings therefrom or without a shaft or tunnel t…

Whenever the owner desires to work a mine or mining claim and it is necessary that the owner have a right-of-way for any of the purposes mentioned in 82-2-201 and 82-2-202 in order to work the mine or mining claim successfully and conveniently and if the right-of-way has not been…

Upon the receipt of the complaint and filing thereof with the clerk of the court, the judge must direct a summons to issue to the defendants named in the complaint requiring them to appear before the judge on a day therein named, which must be not less than 10 days from the servi…

Upon the return of the summons or upon any day to which the hearing is adjourned, the defendants may answer, issue must be joined, and the judge shall hear the allegations and proofs of the respective parties. If, upon the hearing, the judge is satisfied that the claims of the pl…

The commissioners must be sworn to faithfully and impartially discharge their duties and must without delay examine the property, lands, and claims and assess the damages resulting from such right-of-way and report the amount to the judge, and if such right-of-way affects the pro…

For good cause shown, the judge may set aside the report of the commissioners and appoint three other commissioners.

Upon the payment of the sum assessed as damages and all costs to the persons to whom it is awarded or the payment of the same to the clerk for the use of such person, plaintiff is entitled to the right-of-way and may immediately proceed to occupy the same and to erect thereon suc…

An appeal from the assessment of damages made by the commissioners may be taken to the district court by any party interested at any time within 10 days after the filing of the report of the commissioners. A written notice of appeal must be filed with the clerk and served upon th…

On appeal, the question of the amount of damages may be tried by the court or jury as in other cases. If the appellant recovers damages exceeding the amount awarded by the commissioners, the opposite party must pay the costs of appeal, otherwise the appellant.

All costs and expenses of the proceedings under the provisions of this part, except as provided in 82-2-210, must be paid by the plaintiff or party making the application. The judge may, if the right-of-way asked for is denied, allow the opposite party a reasonable counsel fee.

An appeal to the supreme court may be taken by either party as in other cases.

(1) (a) Subject to subsection (1)(b), when the right of eminent domain is exercised pursuant to Title 70, chapter 30, to acquire estates and rights in land for the purpose of open-pit mining of the ores, metals, or minerals owned by the condemnor, the decree must be granted on th…

If a mineral owner seeks to condemn streets, roads, alleys, or highways pursuant to Title 70, chapter 30, for the purposes stated in 82-2-221, there must also be attached to the complaint for condemnation a plat or plats showing the alternate facilities to be proposed and paid fo…

(1) The measure of compensation for the property located within 300 yards of the surfaced tract condemned shall be the fair market value or the value of similar property in a similar area not affected by open-pit mining operations, whichever the owner of the surface property shal…

Any party seeking to condemn property for open-pit mining purposes pursuant to Title 70, chapter 30, shall serve written notice on all owners and purchasers under contracts for deed of property within 300 yards of the surface tract sought to be condemned or shall file a plat show…

This part may be referred to as "The Landowner Notification Act".

All prospectors for minerals, miners, or other persons contemplating surface disturbance by mechanical equipment other than hand tools on lands within the state of Montana are required to ascertain the ownership and possessory right of any land before performing any such operatio…

(1) The land or surface of land not owned in fee by such person may not be disturbed in any manner until the owner or manager of the surface of said land and the owner of a possessory right to said land are given notice in writing, accompanied by a map showing the specific locati…

Discovery pits which may be required to locate a mining claim on federal lands open to mineral entry, when excavated entirely by hand methods with hand tools, are exempt from the operation of this part.

The provisions of this part shall not apply where operations upon land are performed in accordance with the terms of a prospecting permit or a lease covering any mineral interest in said land or other valid agreements authorizing such operations which are in full force and effect…

Any work done in violation of this part is punishable as a misdemeanor, and each day of violation shall constitute a separate offense. The owner or lessor shall not be liable for injury to any person on either owned or leased land.

A person, association, or corporation engaged in the business of buying or sampling or smelting for hire ores of gold, silver, copper, lead, zinc, iron, or other valuable metal shall maintain a sampling room or house to which the ore shippers or their agents or representatives mu…

A person, association, or corporation that buys ore upon an agreement to pay for it in an amount dependent upon the metallic contents or that smelts any ore shall retain from the pulp or crushed ore, as the ore is sampled, a quantity of not less than 50 pounds out of each ton of …

Any person or persons, corporation, association, or partnership which shall, with intent to defraud, in any manner whatever, introduce any foreign substance into any ore or commingle any foreign substance with any ore intended for sale in any smelter or which any person, associat…

A person, association, or corporation engaged in the sampling of ores with intent to purchase or smelt them, whether for themselves or as the agent or agents for other purchasers, shall choose an assayer who has operated an assay office or chemical laboratory for at least 1 year.…

Upon the selection of the umpire, who must be actively engaged in the assaying business in this state, the person, association, or corporation selecting the umpire shall, within 10 days after the selection is made, post a notice of the selection in a conspicuous place within and …

Every person, association, or corporation engaged in the sampling of ores belonging to others which fails to comply with the provisions of 82-2-404 or 82-2-405 shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or less than $500.

(1) A person, association, company, or corporation engaged within this state in purchasing ore, minerals, or metals from or in smelting, milling, or otherwise reducing or preparing the same for market for any other person or persons, association, company, or corporation shall, wi…

Any person, association, company, or corporation violating any of the provisions of 82-2-421 shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or less than $500.

A person or corporation buying or treating ores from leased mines or mining claims shall furnish the lessor and the lessee of the mines or mining claims a true and correct copy of the statement of returns of ores from the sale or shipment. The statement shall show both the gross …

Sampling works and smelters within this state shall mail a duplicate copy of any statement showing the gross and net proceeds of all ores bought from or treated for lessors of mines to the lessee of the mine or mining claim from which the ores were extracted at the same time the …

A person or corporation who, as the shipper, violates 82-2-423, as amended, is liable to the lessor and the lessee for 10% of the net returns from the shipment or sale of ores referred to in that section, in addition to the value of the interest of the lessor and the lessee in th…

Any person or corporation operating any sampling works or smelter within this state who shall violate any of the provisions of 82-2-423 and 82-2-424 shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not less than $50 or more than $100.

(1) The Montana bureau of mines and geology shall establish a sand and gravel deposit program for the purpose of investigating sand and gravel deposits in areas of the state where conflicts between development and sand and gravel operations are high. (2) In prioritizing areas for…