ColoradoProspector   CP Club Membership Info.

Welcome Guest ( Log In | Register )

Patented Mining Claims, Private property, but with reservations.
Goldshark
post Jan 12 2022, 01:39 AM
Post #1


Diggin' In!
**

Group: Members
Posts: 9
Joined: 3-January 22
Member No.: 225,633



I have read on this forum that patented mining claims are private property, and no longer mining claims, In which they have 100% control over every aspect of that patent grant. That is not correct. If you will look at the patent grant, it comes with something called "reservations". These are the conditions the Government stipulates on the land during conveyance. They will cover such things as sideline or endline boundary rights, Water or ditch water rights, and always a reservation stating that the given state in which the PATENTED MINING CLAIM is located, will mandate the rules and regulations pertaining to its complete development. This is for patented lode claims. The patented placer claim will have similar reservations for lode, but the difference is whether they paid the additional money for any claimed lode deposits which were known to exist. If you did not pay the $5.00 for the addition of the potential lode, vs $2.50 per acre for no known lode, your reservation will state that it may be entered by others for it's extraction. LOOK AT THE PATENT GRANT RESERVATIONS! Then find section 34 of the COLORADO REVISED STATUTES, MINERALS SECTION. This will give you all the answers to the questions you will have concerning the mining laws for that state.

If everybody would read their states revised statutes, there would be a lot less animosity for others, more understanding for what happens in mining law pertaining to PATENTED and UNPATENTED MINING CLAIMS. The laws pertaining to PATENTED and HOMESTEAD grants usually are different pertaining to the minerals granted. Once again, unless I am unclear, a PATENTED MINING CLAIM is private property, and still a mining claim, with reservations withheld from the grantee, but still must comply with the state mandated mining law. Until it is rezoned, by law, it is still a mining claim.
Go to the top of the page
 
+Quote Post

Posts in this topic


Reply to this topicStart new topic
6 User(s) are reading this topic (6 Guests and 0 Anonymous Users)
0 Members:

 



Lo-Fi Version Time is now: 9th May 2024 - 04:19 AM