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State laws restricting claims
Coalbunny
post Oct 23 2010, 05:20 AM
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There is supposedly a law that restricts mining claims in city and town boundaries. What is that law and where do I find it and any amendments?


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russau
post Oct 24 2010, 05:57 AM
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Carl go to that particular town and ask the person that handels the town records. i would imagine that each town has different rules. they can do this because now it isnt federal property!
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RichDColorado
post Oct 27 2010, 05:46 PM
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What about county owned properties? I know generally claims can be filed on BLM and NF properties and certain state lands, subject to their specific restrictions, but does anyone know about county-owned land?
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russau
post Oct 28 2010, 06:56 AM
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same thing should apply! unless the federal gubermint owns it and its open to mineral entry! if state,county,city or its owned outright by a individual then what they say has to be!
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CP
post Oct 29 2010, 10:55 AM
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I don't know of any state level laws that would say that. Towns/cities/counties would have their own ordinances about these one would think. If they have deeds to the parcels as those government entities then they are in fact private lands anyway. Like Russ said, what they say goes, it's their private land under control of that entiy or department via the town council, county commissioners etc

BLM or FS lands can be within the limits of towns or cities too and that doesn't make them "town or city property" just because it was annexed into the limits by expansion, that will still be BLM or NF lands unless the town makes one of those "arranged trades" for other lands they own outside of town in exchange for the lands in town that are BLM or NF lands.

If there is a law at the state level that does restrict mining in towns then I can sure see where a "conflict" will/might occur from the mining perspective and the federal laws, not to mention rather boldy stepping on the authority of the county, city or town and the things they are suppose to deal with at the local level.

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