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

Summary

If a person or group and the people who transferred the claim to them have held and worked a mining claim for the same length of time required by the state or territory, proof of that possession and work is enough to show they may get a patent under certain patent-related sections of this title and section 661 of title 43, as long as no one else has a competing claim. Getting a patent this way does not cancel any lien that attached to the claim or its property before the patent was issued.

Title 30, §38

Mineral Lands and Mining — Source: USLM XML via OLRC

Where such person or association, they and their grantors, have held and worked their claims for a period equal to the time prescribed by the statute of limitations for mining claims of the State or Territory where the same may be situated, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under section 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43, in the absence of any adverse claim; but nothing in such sections shall be deemed to impair any lien which may have attached in any way whatever to any mining claim or property thereto attached prior to the issuance of a patent.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43, referred to in text, were in the original “this chapter”, meaning chapter 6 of title 32 of the Revised Statutes, consisting of R.S. §§ 2318 to 2352. Codification R.S. § 2332 derived from act July 9, 1870, ch. 235, § 13, 16 Stat. 217.

Statutory Notes and Related Subsidiaries

Submerged Lands ActProvisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands.

§38 Evidence of Possession and Work to Establish Right to Patent