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Simple English definitions for legal terms
Mining Claim
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A quick definition of Mining Claim:
A mining claim is a piece of land that contains valuable minerals that a miner can extract. There are two types of mining claims: unpatented and patented. An unpatented mining claim gives the miner the right to possess and use the land to extract minerals, but the government still owns the land. A patented mining claim gives the miner exclusive ownership of the land and its resources. The purpose of the General Mining Law of 1872 was to encourage mineral development on federal land, and miners can obtain a patent to their claim at a low cost, but there has been a moratorium on new patents since 1994.
A more thorough explanation:
A mining claim is a piece of land that contains minerals that a miner has the right to use for extracting minerals. There are two types of mining claims: unpatented and patented.
An unpatented mining claim is given to a miner when they discover a valuable mineral deposit and follow the rules. The miner has the right to use the land and extract the minerals, but the government still owns the land.
John discovers a valuable mineral deposit on a piece of land owned by the government. He follows the rules and is given an unpatented mining claim. John can now use the land to extract the minerals, but the government still owns the land.
A patented mining claim is given to a miner when the government passes its title to the miner. The miner now owns the land and has the right to use it and extract the minerals.
Sarah discovers a valuable mineral deposit on a piece of land owned by the government. She follows the rules and is given a patented mining claim. Sarah now owns the land and has the right to use it and extract the minerals.
The General Mining Law of 1872 was created to encourage mineral development on federal land. Miners can obtain a patent to their claim at a low cost, but since 1994, there has been a moratorium on applications for patents to mining claims.