§26 — Title 30 Mineral Lands and Mining | U.S. Code

Summary

Grants people who claimed mining locations on mineral veins, lodes, or ledges on public land, and their heirs or anyone they pass the claim to, the exclusive right to possess and use the surface inside their claim lines and to the mineral vein that has its top (apex) inside those lines. That right applies only if no one else had a conflicting claim on May 10, 1872, and the claimants follow U.S. laws and state, territorial, or local rules that do not conflict with federal law. If a vein slopes downward and goes outside the vertical sides of the surface claim, the claimant still owns the parts of the vein that lie between the vertical planes dropped down from the claim’s end lines, extended far enough to reach those outside parts. Owning those outside parts does not let the claimant go onto another person’s surface claim.

Title 30, §26

Mineral Lands and Mining — Source: USLM XML via OLRC

The locators of all mining locations made on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim existed on the 10th day of May 1872 so long as they comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations. But their right of possession to such outside parts of such veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as above described, through the end lines of their locations, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges. Nothing in this section shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another.

Editorial Notes

Codification R.S. § 2322 derived from act May 10, 1872, ch. 152, § 3, 17 Stat. 91.

§26 Locators’ Rights of Possession and Enjoyment

Summary

Title 30, §26

Notes & Related Subsidiaries

Editorial Notes

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