Title 38 — Mining and Gas and Oil Production
35 chapters · 312 sections in this title.
N.D.C.C. § 38-02-01 Length of lode claim - Limitations
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The length of any lode claim located within this state may not exceed one thousand five hundred feet [457.2 meters] along the vein or lode.
N.D.C.C. § 38-02-02 Width of lode claims - Extension - Reduction
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The width of lode claims is one hundred fifty feet [45.72 meters] on each side of the center of the vein or crevice, except that any county, at any general election by a majority of the votes cast on the question at such election, may determine upon a greater width not exceeding …
N.D.C.C. § 38-02-03 Discoverer of lode to file location certificate - Contents of certificate
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The discoverer of a lode, within sixty days from the date of discovery, shall record the discoverer's claim in the office of the recorder of the county in which such lode is situated by filing for record a location certificate containing all of the following: 1. The name of the l…
N.D.C.C. § 38-02-04 Duty of discoverer of lode before filing certificate of location
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Before filing a location certificate, the discoverer shall: 1. Locate the discoverer's claim by sinking a discovery shaft thereon sufficient to show a well-defined mineral vein or lode. 2. Post at the point of discovery on the surface a plain sign or notice containing the name of…
N.D.C.C. § 38-02-05 Tunnel, opencuts, crosscuts, adits, or drilling equivalent to discovery shaft
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Any opencut, crosscut, or tunnel at a depth sufficient to disclose the mineral vein or lode, an adit of at least ten feet [3.05 meters] in along the lode from the point where the lode may be discovered, or the drilling of a hole or holes in the manner, and under the conditions an…
N.D.C.C. § 38-02-06 Discovery shaft to be sunk on lode within sixty days
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From the time of uncovering or disclosing a lode, the discoverer has sixty days within which to sink a discovery shaft thereon.
N.D.C.C. § 38-02-07 Surface boundaries of lode - How marked
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The surface boundaries of the lode must be marked by eight substantial posts hewed or blazed on the side facing the claim and plainly marked with the name of the lode and the corner, end, or side of the claim that they respectively represent and sunk in the ground as follows: 1. …
N.D.C.C. § 38-02-08 What location in location certificate construed to contain
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The location as described in the location certificate of any lode claim must be construed to include all surface ground within the surface lines thereof, and all lodes and ledges throughout their entire depth the top or apex of which lies inside of such lines extended vertically,…
N.D.C.C. § 38-02-09 Location claim not extended beyond the exterior line
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If the top or apex of the lode in its longitudinal course extends beyond the exterior lines of the claim at any point on the surface, or as extended vertically downward, such lode may not be followed in its longitudinal course beyond the point where it is intersected by the exter…
N.D.C.C. § 38-02-10 Owner or occupant of surface may demand security from miner
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If the right to a mine is separate from the ownership or right of occupancy to the surface, the owner or rightful occupant of the surface may demand satisfactory security from the miner, and if such security is refused, may enjoin such miner from working until the same is given. …
N.D.C.C. § 38-02-12 Amount of work to be done annually to hold possession of claim
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The amount of work to be done or the improvements to be made during each year to hold possession of a mining claim must be the same as that prescribed by the applicable laws of the United States. The period within which the work required to be done annually on any unpatented clai…
N.D.C.C. § 38-02-13 Abandoned lode claims - Regulations governing relocation
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The relocation of an abandoned lode claim must be made by: 1. Sinking a new discovery shaft and fixing new boundaries in the same manner as if it were the location of a new claim; or 2. Sinking the original shaft, cut, or adit to a sufficient depth to comply with sections 38-02-0…
N.D.C.C. § 38-02-14 Certificate containing more than one location is void - Exception
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No location certificate may claim more than one location, whether the location is made by one or several locators. If the certificate purports to claim more than one location, it is absolutely void except as to the first location therein described. If the locations are described …
N.D.C.C. § 38-02-17 Conspiracies and mobs against mines - Penalty
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Repealed by S.L. 1961, ch. 249, § 1.
N.D.C.C. § 38-02-18 Trial against conspiracies or mobs taking mining property - Proof required
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Repealed by S.L. 1961, ch. 249, § 1.