Abstract
Created as an enticement to fulfill the mineral needs of a developing nation, the General Mining Law of 1872 allows the person who discovers and develops a valuable mineral deposit to occupy and mine that deposit essentially free of charge and competition. By discovering a valuable mineral deposit, properly locating a claim, and perfecting the claim through annual assessment work, a claimant acquires vested rights and exclusive possession of the property, both as to the surface and minerals. The Law has produced "a few millionaires" and "many [more] paupers." "It is a political symbol as well as the legal means for obtaining public hardrock minerals: as the most prominent of the free disposition laws still on the books, it is seen as the embodiment of frontier free enterprise." Perhaps this conviction, more than anything else, has led to the long history of abuse of mining claims for nonmining purposes. While unauthorized removal of minerals from the public domain is an actionable trespass, American mining laws altogether favor mineral development, and in general "[l]ooking for mineral booty, and mining it when found," is a "right on this nation's public lands, not a privilege." If a claimant meets certain simple requirements, the government is obligated to allow mining and to convey title to the land. Once those requirements are met, no discretion is involved, and no "permission" is required, although strict regulations must be followed once mining begins. Unfortunately, the Law carries with it a long history of mining claims being used for purposes other than mining-purposes not intended by the government but nevertheless pursued vigorously by claimants.
Recommended Citation
Jensen, Daniel A.
(1987)
"Mining Claim Abuse: Has the FLPMA FilingRequirement Helped?,"
Utah Law Review: Vol. 1987:
No.
3, Article 4.
Available at:
https://dc.law.utah.edu/ulr/vol1987/iss3/4