Free preview Mining Claim Location Notice
Free preview
Mining Claim Location Notice
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The Homestead Act of 1862 is no longer in effect, but free land is still available out there in the great wide open (often literally in the great wide open). In fact, the town of Beatrice, Nebraska has even enacted a Homestead Act of 2010.
In the U.S. there are a few circumstances where you can file a claim on abandoned, unclaimed, and currently owned land. Keep in mind that land that may have been physically abandoned is still legally owned in most cases.
Federal lands where you can stake a claim are located in 19 states. These states are Alaska, Montana, Utah, Arizona, Arkansas, Nebraska, South Dakota, California, Nevada, Oregon, Colorado, New Mexico, Florida, Idaho, North Dakota, Louisiana, Wyoming, Mississippi, and Washington.
No. Homesteading ended on all federal lands on October 21, 1986. The State of Alaska currently has no homesteading program for its lands. In 2012, the State made some state lands available for private ownership through two types of programs: sealed-bid auctions and remote recreation cabin sites.
The Homestead Act was finally repealed in 1976, but a provision of the repeal allowed for homesteading to continue in Alaska until 1986.
The last claim was issued in 1974 to Ken Deardorff for a homestead in Alaska. However, free land is still available from small towns and cities or farming communities. These areas hope to boost their population or draw businesses to their areas.
A miner has the right only to the minerals; he may not live on the land without permission. If a cabin is located on a new claim, it belongs to the BLM and may not be used by the miner.Other agencies may be involved in the permitting and mining process, such as Department of Ecology, Fish, and Wildlife, etc.
Mining claims both patented or unpatented are interests in real property. A patented mining claim is one for which the federal government has passed its title to the claimant, giving the claimant exclusive title to the surface of the claim area and its locatable minerals.
Mining claims can be located on open public land administered by another federal agency (most commonly on Forest Service land). You may prospect and locate claims and sites on public and NFS land open to mineral entry.