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people online in the last 1 minutes - 0 members, 0 anon and 0 guests. (Most ever was 29 at 13:36:32 Sat Aug 3 2002) |
| Mineral_Estate_Grantee | Re: Miner jailed for shooting four-wheeler during confrontation Maybe these below links will provide answers. Executive Summary: The Mining Law: The Extent of Federal Authority Over Public Domain http://www.jeffersonminingdistrict.com/exec.pdf and this: SHERIFF: This Land is Our Land,Feds Have No Jurisdiction! http://www.usobserver.com/archive/sep-11/sheriff-this-land-is-our-land.html |
| JOE_S_INDY | Re: Miner jailed for shooting four-wheeler during confrontation W E L L L L I guess that answers that. Thanks, Jim. |
| Jim_Alaska | Re: Miner jailed for shooting four-wheeler during confrontation The 1866 grant and its amendment, the 1872 miming law, only applies to federal domain. The state can do what it wants and does not have to abide by the federal, except on federal domain within the state. |
| dickb | Re: Miner jailed for shooting four-wheeler during confrontation Joe: It's questions like you are asking, that is the reason that lawyers will never be out of a job! Lawyers write laws with deliberate gray areas in them so that they are subject to interpretation. If everything was simple black and white, like we wish it was, there would be no reason for a dispute. I really think both the Feds and the States think that they really own the land, not manage it for the public good. Just throwing my 2 cents in for what it's worth. :confused: Dickb |
| JOE_S_INDY | Re: Miner jailed for shooting four-wheeler during confrontation Hey there, Jim, This information seems to be for Federally administered claims. Since there are only a handfull of those type claims in the region where I work (as opposed to hundreds of state administered ones) I am at the point that I don't exactly know what carries over and what doesn't from federal to state. I guess what I'm saying is does 1866 and 1872 extend these same rights to state claim situations? :confused: :confused: :confused: Joe |
| Jim_Alaska | Re: Miner jailed for shooting four-wheeler during confrontation Is this what you are looking for Joe? _______________________________________ U.S. Code TITLE 30 > CHAPTER 15 > SUBCHAPTER II > § 612 § 612. Unpatented mining claims (a) Prospecting, mining or processing operations Any mining claim hereafter located under the mining laws of the United States shall not be used, prior to issuance of patent therefore, for any purposes other than prospecting, mining or processing operations and uses reasonably incident thereto. (b) Reservations in the United States to use of the surface and surface resources Rights under any mining claim hereafter located under the mining laws of the United States shall be subject, prior to issuance of patent therefore, to the right of the United States to manage and dispose of the vegetative surface resources thereof and to manage other surface resources thereof (except mineral deposits subject to location under the mining laws of the United States). Any such mining claim shall also be subject, prior to issuance of patent therefore, to the right of the United States, its permittees, and licensees, to use so much of the surface thereof as may be necessary for such purposes or for access to adjacent land: Provided, however, That any use of the surface of any such mining claim by the United States, its permittees or licensees, shall be such as not to endanger or materially interfere with prospecting, mining or processing operations or uses reasonably incident thereto. |
| JOE_S_INDY | Re: Miner jailed for shooting four-wheeler during confrontation Folks, I saved this from 41 pages back because I feel that it really needs to be revisited again. While MEG (either Hal, an un-identified supporter or just a pseudo name) has some ideas as to one end of the spectrum here, as to some other, quite valid and counter balancing posters, on the other side of the aisle. I have to say that I am undecided on just what is, exactly what here - but the subject should, in my thinking, be carefully brought to a studied end. What are our ""Rights"" provided by Federally caretakered claim, as well as a State caretakered claim? Access to those claims (AS 2477), State Park access to mining claims and National Park access to the same. The bickering over the "Who struck John" aspect of "Exclusive Rights to Any Mining Claim" certainly has expired here - so let's just let that contencious aspect die. What do we enjoy and what do we not enjoy as to the access and use of our claims? And baub, My head hurts, too. Joe |
| baub | Re: Miner jailed for shooting four-wheeler during confrontation Thanks everybody for this post and discussion. I too have trouble grasping all the detail and nuances presented here. This topic is of vital importance to us all on this site. We need to wade thru the legalese anf get to the truth. My head hurts. b |
| dredgeguy | Re: Miner jailed for shooting four-wheeler during confrontation Thanks for the time Hal. Keep it up and maybe people will catch on to what they are giving up. We have to get the administrative layers the agencies have put over the property rights separate again as they were intended. |
| Spek | Re: Miner jailed for shooting four-wheeler during confrontation MEG thank you for sharing this information. You have obviously spent a lot of time researching this matter and I view it as generosity on your part to share your findings on this forum. In spite of your extensive posting I still struggle to get a grasp on all you have said, but am starting to make sense of it. From past experience in other fields dealing with DF&W and MSHA I have seen federal agencies impose themselves in areas in which they had not the authority to do so and have proven that point with their own laws, so it is entirely plausible to me that the same is happening in this case. It often pays to read the fine print. I'm short on time for now but will study this more indepth and once again thank you for all your time and effort. |
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