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unpatented claims must be restricted to those necessary to mining. A patented claim is one for which the federal government has issued a patent (deed). To obtain a patent, the owner of a mining claim must prove to the federal government that the claim contains locatable minerals that can be extracted at a profit. A patented claim can be used for any purpose desired by the owner, just like any other real estate. However, Congress has ceased funding for the patenting process, so at this time a claim cannot be patented.
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A mining claim always starts out as an unpatented claim. The owner of an unpatented claim must continue mining or exploration activities on an unpatented claim, or he may pay a fee to the land management agency by
September 1 of each year, or it is considered abandoned and becomes null. Activities on
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Staking a claim involves first the discovery of a valuable mineral in quantities that a "prudent man" (the
Prudent Man Rule) would invest time and expenses to recover. Next, marking the claim boundaries, typically with wooden posts or capped steel posts, which must be four feet tall, or stone cairns,
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of 1849. In the absence of organized government, the miners in each new mining camp made up their own rules, and to a large extent adopted
Mexican mining law. The Mexican law gave the right to mine to the first one to discover the mineral deposit and begin mining it. The area that could be claimed by
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Today, only small areas of unclaimed land remain, yet large plots of land with little economical value (e.g., in Alaska) can still be bought for very low prices. Also, in certain parts of the world, land can still be
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is "the pursuit of recognized territorial ownership by a group or individual". The phrase is usually only used with respect to disputed or unresolved land claims. Some types of land claims include
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The
California miners spread the concept of mining claims to other mining districts all over the western United States. The US Congress legalized the practice in 1866, and amended it in the
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which occurred at a similar time starting from the 1850s, and included similar groups of people including miners that migrated from the
American gold rushes. The
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A dispute when one party (a "claim jumper") attempts to seize the land on which another party has already made claim is known as "claim jumping".
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times of the United States, American men could claim a piece of land for themselves and the claim has different level of merit according to the
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which must be three feet tall. Finally, filing a claim with both the land management agency (USFS or BLM), and the local county registrar.
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is the claim of the right to extract minerals from a tract of public land. In the United States, the practice began with the
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Tunnel (a location for a proposed tunnel which claims all veins discovered during the driving of it)
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one person was limited to that which could be mined by a single individual or a small group.
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Placer (minerals free of the local bedrock, and deposited in benches or streams)
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The term is also sometimes used when referring to disputed territories like
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The US system of mining claims is an application of the legal theory of
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The concept was also used in other countries, for example during the
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claim with (movable) property of the claimant on the ground
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Corner post of the claim of the Blue Ribbon Mine in Alaska
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Millsite (a maximum five-acre site for processing ore)
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27:Legal declaration of desired control over an area
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187:Lode (minerals in place in the mother rock),
226:Indigenous specific land claims in Canada
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91:claim with claimant living on the land.
82:claim without any action on the ground
30:For territorial claims by states, see
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100:by making productive use of it.
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259:Extraterrestrial real estate
104:Mining claim (United States)
269:Land reform in South Africa
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160:are one example of this.
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345:Geography terminology
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123:prior appropriation
32:Territorial dispute
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264:Claim club
231:Land grant
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18:Claim jump
298:31 March
210:See also
158:Victoria
98:obtained
76:de facto
72:colonial
323:Jan 21,
70:In the
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143:49ers
325:2019
300:2020
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