§26. Locators' rights of possession and enjoyment

The locators of all mining locations made on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim existed on the 10th day of May 1872 so long as they comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations. But their right of possession to such outside parts of such veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as above described, through the end lines of their locations, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges. Nothing in this section shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another.

(R.S. §2322.)

Codification

R.S. §2322 derived from act May 10, 1872, ch. 152, §3, 17 Stat. 91 .

Promotion of Mining

See Promotion of Mining note set out under section 22 of this title.

Cross References

Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title.

National forests, locators' rights, see sections 482a, 482b, 482e, 482h, 482h–1, 482j, 482n and 482o of Title 16, Conservation.

Preservation and management of National Park System mining areas, see section 1902 of Title 16.

Section Referred to in Other Sections

This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 42, 46, 47, 48, 49, 102, 541b of this title; title 16 section 460mm–1; title 25 section 640d–10; title 43 sections 1712, 1714, 1732.