Gold Mining Claim
Gold mining land claims are legal documents, that stipulate a right to mine on a given area of land, the mining claims in California, in the most acclaimed California gold rush started back in 1849, in absence of a central effective government, miners in each new mining camp made there own deliberations on rules about extractions of minerals in a given area of land, with time the miners adopted the Mexican law which had provision for mining, by enforcing the mining act, a miner would normally acquire right to extract mineral deposits from a given piece of land ,the area claimed ws limited to the mineral deposit to be mined, and the number of people or groups doing the mining.
The California miners, influenced the use of these system of the mining claims to the other mining districts, all over the US, it was not until 1866, when the US congress legalized the act, these lead to the amendment of the act which was later called the mining act of 1872, all federal land whose use was not of immediate use to the government was subjected to the claim.
Gold is described to be a property of the government, this can be watered do to mean public property, the US mining act will stipulate that a mining claim to be an application of legal theory of prior appropriation, provision in this act allows the person who has discovered mineral deposit to be given the rights to mine those deposits, it further clarifies that it should be on first come first served basis.
There are numerous activities that take place once an individual has acquired a claim, some of the are staking or pegging, this involves, making demarcation of the area where the claim has been acquired., a mining claim will normally start as unpatented claim, the owner will continue operations until issued a patented claim from the government, before a patented claim is acquired the individual must prove that minerals do exist in that land and that they can be mined for profit, the patented claim can be used as the owner desires.
The mining ministry will have a department whose main role is to issue this claims, the department is decentralized all over the states, and will handle application and reports from parties interested to mine minerals, there is a setup committee that, goes through the proposal and then approves or turns down an application.
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