Legal Definition and Related Resources of Mining Claim

A claim on public lands of the United States , which is a possessory interest in land that is mineral in character and as respects which discovery within the limits of the claim have been made. Best v Humboldt Placer Min. Co., 371 U.S. 334, 83 S.Ct. 379, 9 L.Ed.2d 350. The phrase denotes the name given to the portion of the public mineral lands which the miner. for mining purposes, takes up and holds in accordance with mining laws, local and statutory. Such a claim is considered to be property which may be sold, transferred, mortgaged and inherited without infringing the title of the United States. See Black v Elkhorn Min. Co., 163 U.S. 445, 16 S.Ct. 1101, 41 L. Ed: 221. The phrase has also been defined as a parcel of land containing precious metals in its soil or rock. See Creede & C.C. Min. & Mill Co. v Uinta Tunnel Min. & Transp. Co., 196 U.S. 337, 25 S.Ct. 266. 49 L. Ed. 501.

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Mining Claim in Historical Law

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