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Your right to the property is restricted to exploration, development and extraction of a mineral deposit at the site. The surface of almost all unpatented mining claims is not private property; the ownership and management of the surface and surface resources remains with the United States.
A mining claim is a parcel of land for which the claimant has asserted a right of possession and the right to develop and extract a discovered, valuable, mineral deposit.
Patented mining claim: A patented mining claim is one for which the Federal Government has passed its title to the claimant, making it private land. A person may mine and remove minerals from a mining claim without a mineral patent. However, a mineral patent gives the owner exclusive title to the locatable minerals.
A mining claim allows some security of tenure for the owner, providing an incentive to invest time and money developing the deposit. Mining claim laws vary from state to state, but claims staked over federal minerals follow federal mining law. Federal minerals are managed by the U.S. Bureau of Land Management (BLM).
You only own the mineral rights. - You can't live on it permanently but there is no indication of how many days a year you can be on it. - You need to pay a yearly fee or lose the mineral rights. This fee can be offset by "material improvements."
A mineral interest is simply a real property interest obtained from the severance or exploitation of minerals ? say natural gas ? from the surface. On the other hand, a royalty interest is the property interest that grants an owner a portion of the production revenue generated.
How do you Stake a Mining Claim? Find an area of interest. Your first step will be to determine where to search for mineral deposits. ... Conduct a land status search. ... Map your location and determine your claim type. ... Stake the ground. ... File Notice of Location(s). ... Pay Your Fees.
In Alaska, claims and sites can also be recorded with the BLM district office located in Fairbanks. County: State laws require filing the original location notice or certificate in the county recorder's office, county clerk's office, or borough office.