USA Statutes : nevada
Title : Title 46 - MINES AND MINERALS
Chapter : CHAPTER 517 - MINING CLAIMS, MILL SITES AND TUNNEL RIGHTS
As used in this chapter, unless
the context otherwise requires, “Division” means the Division of Minerals
of the Commission on Mineral Resources.
(Added to NRS by 1999, 3628 )
LOCATION OF MINING CLAIMS, MILL SITES AND TUNNEL RIGHTS
Lode Claims
Any person who is a citizen of the United States, or who has legally
declared his intention to become a citizen of the United States, who
discovers a vein or lode may locate a lode mining claim thereon by:
1. Defining the boundaries of the claim in the manner and within
the time prescribed by NRS 517.030 ;
2. Erecting or constructing at the point of the discovery a
monument of the size and character of any of the several monuments
prescribed in NRS 517.030 ; and
3. Posting in or upon the monument of location a notice of the
location, which must contain:
(a) The name of the claim.
(b) The name of the locator and his mailing address.
(c) The date of location.
(d) The number of linear feet claimed in the length along the
course of the vein, each way from the point of discovery, with the width
claimed on each side of the center of the vein and the general course of
the lode or vein, as near as may be.
[1:89:1897; A 1907, 418; 1919, 386; 1925, 29; R 1927, 7; A 1941,
92; 1931 NCL § 4120]—(NRS A 1971, 218; 1985, 1494)
1. Within 60 days after posting the notice of location, the
locator of a lode mining claim shall distinctly define the boundaries of
the claim by placing a valid legal monument at each corner of the claim.
A valid legal monument may be created by:
(a) Removing the top of a tree, which has a diameter of not less
than 4 inches, not less than 3 feet above the ground, and blazing and
marking it;
(b) Capping a rock in place with smaller stones so that the rock
and stones have a height of not less than 3 feet; or
(c) Setting a wooden or metal post or a stone.
2. If a wooden post is used, the dimensions of the post must be at
least 1 1/2 inches by 1 1/2 inches by 4 feet, and the post must be set 1
foot in the ground.
3. If a metal post is used, the post must be at least 2 inches in
diameter by 4 feet in length, and it must be set 1 foot in the ground. If
the metal post is hollow, it must be securely capped.
4. If it is practically impossible, because of bedrock or
precipitous ground, to sink a post, it may be placed in a mound of earth
or stones. If the proper placing of a monument is impracticable or
dangerous to life or limb, the monument may be placed at the nearest
point properly marked to designate its right place.
5. If a stone is used which is not a rock in place, the stone must
be not less than 6 inches in diameter and 18 inches in length, and it
must be set with two-thirds of its length in the top of a mound of earth
or stone 3 feet in diameter and 2 1/2 feet in height.
6. Durable plastic pipe that was set before March 16, 1993, for
the purpose of defining the boundaries of a lode mining claim shall be
deemed to constitute a valid legal monument if:
(a) The pipe is at least 3 inches in diameter by 4 feet in length,
and the pipe is set 1 foot in the ground; and
(b) The pipe is securely capped with no open perforations.
7. The locator of a lode mining claim located before March 16,
1993, or his successor in interest, may remove the durable plastic pipe
described in subsection 6 and replace the monument of location and the
corner monuments with valid legal monuments in the manner prescribed
pursuant to subsection 1. The locator or his successor in interest is not
required to replace a monument located at the center of a side line.
Within 60 days after the replacement, the locator of the lode mining
claim, or his successor in interest, shall record a notice of
remonumentation with the county recorder of the county in which the claim
is located and pay the fee required by NRS 247.305 . The notice must contain:
(a) The name of the claim;
(b) The book and page number or the document number of the
certificate of location or the most recent amendment to the certificate
of location;
(c) The book and page number or the document number of the map
filed pursuant to NRS 517.040 ; and
(d) A description of the monument used to replace each monument
that is removed.
Ê The notice may include more than one claim.
8. The replacement of durable plastic pipe or the recording of a
notice pursuant to subsection 7 does not:
(a) Amend or otherwise affect the legal validity of the claim for
which the monuments were created;
(b) Modify the date of location of the claim; or
(c) Require the filing of an additional or amended map pursuant to
NRS 517.040 .
[Part 2:89:1897; A 1899, 93; 1901, 97; 1907, 418; RL § 2423; NCL §
4121]—(NRS A 1971, 2197; 1985, 1495; 1993, 24, 25; 1995, 119, 121)
1. Within 90 days after posting the notice of location, the
locator of a lode mining claim shall prepare two copies of a map of the
claim on a scale of not less than 500 feet to the inch, which sets forth
the position of the monuments in relation to each other and establishes
numbers of the boundary monuments. If the land has been surveyed by the
United States, the description must be connected by courses and distances
to an official corner of the public land survey. If the land has not been
surveyed by the United States or if official corners cannot be found
through the exercise of due diligence, the description must be tied by
courses and distance to a natural landmark or a readily identifiable
artificial landmark which is customarily shown on a map, including,
without limitation, a bench mark or the point at which two roads
intersect. The description must also state the township and range, and if
the lands are surveyed lands, the quarter section and section in which
the landmark and the mining claim are situated. The locator is not
required to employ a professional surveyor or engineer, but each locator
shall prepare a map which is in accordance with his abilities to map and
properly set forth the boundaries and location of his claim. The size of
each sheet must be 8 1/2 by 14 inches or 24 by 36 inches. Any 8 1/2- by
14-inch sheet must be capable of being photocopied. Any 24- by 36-inch
sheet must be a mylar print or other material capable of being reproduced
by standard means.
2. Within 90 days after the posting of the notice of location, the
locator shall file both copies of the map with the county recorder in the
county in which the claim is located together with a filing fee of $15
for each claim whose boundaries and location are set forth on the map.
3. Using the proceeds of these filing fees, the county:
(a) Shall establish and maintain, in accordance with the
regulations of the Division, a map of the mining claims in the county
that must accurately record the location of all mining claims filed after
July 1, 1971;
(b) Shall purchase and maintain the necessary equipment used in
establishing, maintaining and duplicating the map; and
(c) May use any remaining money for any purpose determined by the
county recorder.
Ê The map is a public record.
4. The county recorder shall not refuse to accept a map submitted
by a locator unless he can affirmatively show that the map submitted does
not accurately reflect the location of all the claims.
5. The county recorder shall send one copy of the locator’s map
and one copy of the certificate of location to the county surveyor as
soon as practicable after its receipt.
[Part 2:89:1897; A 1899, 93; 1901, 97; 1907, 418; RL § 2423; NCL §
4121]—(NRS A 1960, 291; 1961, 100; 1971, 2198; 1973, 868; 1983, 1609;
1985, 1496, 1691; 1987, 318; 1993, 1685; 1999, 3628 )
1. When the locator files his map pursuant to NRS 517.040 , he shall present to the county recorder for
recording, together with the usual recording fees, duplicate certificates
of location which contain:
(a) The name of the lode or vein.
(b) The name of the locator and his mailing address.
(c) The date of the location.
(d) The number of linear feet claimed in length along the course of
the vein each way from the point of discovery with the width on each side
of the center of the vein, and the general course of the lode or vein as
near as may be.
(e) A statement that the work of location consisted of making the
maps as provided in NRS 517.040 .
(f) The location and description of each corner, with the markings
thereon.
2. Any record of the location of a lode claim which does not
contain all the requirements named in this section recorded on or after
July 1, 1971, is void, and every location of a mining claim recorded on
or after July 1, 1971, is void unless a certificate of location thereof
substantially complying with the above requirements is recorded with the
county recorder of the county in which the claim is located within 90
days after the date of location.
3. This section does not invalidate a record of location of a
mining claim which was validly located and recorded before July 1, 1971.
[Part 3:89:1897; A 1907, 418; 1941, 92; 1931 NCL § 4122]—(NRS A
1960, 292; 1961, 100; 1971, 2199; 1983, 1610; 1985, 1497)
1. The relocation of an abandoned lode claim must be made by
preparing two copies of a map of the claim as provided by NRS 517.040
, and erecting new boundaries or
adopting the old boundaries by renewing the monuments if they have been
removed or destroyed. In either case, a new monument of location must be
erected.
2. Two copies of the claim map must be filed with duplicate
certificates of location with the county recorder of the county in which
the claim is situated, accompanied by a filing fee as prescribed in NRS
517.040 .
[7:89:1897; C § 214; RL § 2428; NCL § 4126]—(NRS A 1971, 2200;
1983, 349; 1985, 1498)
Placer Claims
1. The location of a placer claim shall be made in the following
manner:
(a) By posting thereon, upon a monument meeting the requirements of
NRS 517.030 , erected at any point along
the north boundary, a notice of location containing:
(1) The name of the claim;
(2) The name of the locator or locators, together with the
post office address of such locator or locators;
(3) The date of location; and
(4) The number of feet or acres claimed; and
(b) By marking the boundaries and the location point in the same
manner and by the same means as required by the laws of this state for
marking the boundaries of lode claim locations.
2. Where the United States survey has been extended over the land
embraced in the location, the claim may be taken by legal subdivisions,
and, except the marking of the location point as prescribed in subsection
1, no other markings than those of such survey shall be required.
[13:89:1897; A 1899, 93; C § 220; RL § 2434; NCL § 4132]—(NRS A
1971, 2200)
Within 90 days after posting the notice of location of a placer claim,
the locator shall:
1. Prepare two copies of a map of the claim which must be of a
scale of not less than 500 feet to the inch. If the United States survey
has been extended over the land embraced in the location, the claim may
be taken and described on the map by legal subdivisions as provided in
NRS 517.090 . If the land has not been
surveyed by the United States or if official corners cannot be found
through the exercise of due diligence, the map must set forth the
position of the monuments in relation to each other and establish numbers
of monuments, and the descriptions must be tied to a natural landmark or
a readily identifiable artificial landmark as provided in NRS 517.040
.
2. File the maps with the county recorder in the county in which
the claim is located together with a filing fee of $1 per acre. One-half
of the filing fee must be used by the county to establish and maintain,
in accordance with the regulations of the Division, a map of the mining
claims in the county that must accurately record the location of all
mining claims filed after July 1, 1971, which is a public record. The
remaining part of the fee may be used for the same purposes as any other
general revenue of the county.
[Part 14:89:1897; A 1899, 93; C § 221; RL § 2435; NCL § 4133]—(NRS
A 1971, 2200; 1985, 1498; 1993, 1686; 1999, 3629 )
1. When the locator files his maps pursuant to NRS 517.100 , he shall present to the county recorder for
recording, together with the usual recording fees, duplicate certificates
of location which state:
(a) The name of the claim, designating it as a placer claim.
(b) The name of the locator and his mailing address.
(c) The date of location.
(d) The number of feet or acres claimed.
2. This certificate, or the record thereof, or a certified copy of
the record is prima facie evidence of the recitals therein.
3. If the certificate does not state all the facts required by
this section to be stated, it is void.
[Part 14:89:1897; A 1899, 93; C § 221; RL § 2435; NCL § 4133]—(NRS
A 1971, 2201; 1983, 1611; 1985, 1499)
Tailings and Waste
1. Whenever the tailings of any mining claim or the waste of any
mine has been deposited upon the unappropriated public domain and remains
unworked for a period of 10 successive years, it is prima facie evidence
of abandonment of title or the right of possession thereto.
2. After abandonment, the right of possession or title to the
mining tailings or waste may be acquired by locating the site on which
the tailings or waste is deposited by complying with the provisions of
NRS 517.090 to 517.110 , inclusive.
(Added to NRS by 1957, 569; A 1985, 1499)
Mill Sites
The
proprietor of a mine or mining claim or the owner of a mill or reduction
works, may locate 5 acres of nonmineral land as a mill site.
[15:89:1897; C § 222; RL § 2436; NCL § 4134]—(NRS A 1985, 1499)
The locator of a mill site
shall locate his claim by:
1. Posting a notice of location thereon, which must contain:
(a) The name of the locator and his mailing address;
(b) The name of the mine or mining claim of which he is the
proprietor, or the name of the mill or reduction works of which he is the
owner;
(c) The date of the location; and
(d) The number of feet or acres claimed; and
2. Marking the boundaries of his claim in the same manner as
provided in this chapter for the marking of the boundaries of a placer
claim, so far as applicable thereto.
[16:89:1897; C § 223; RL § 2437; NCL § 4135]—(NRS A 1971, 2201;
1985, 1499)
1. Within 90 days after the date of his location, the locator of a
claim or location of a mill site shall record his location with the
county recorder of the county in which the location is situated, by
duplicate certificates of location.
2. When the locator records his certificates of location he shall
file two copies of a map not to exceed 3 feet by 4 feet and pay the
filing fees which comply with the requirements set forth in NRS 517.040
and 517.050 .
3. Any record of a location of a mill site which does not contain
the name of the locator, the name of the mine or mining claim of which
the locator is the proprietor, or the name of the mill or reduction works
of which the locator is the owner, the number of feet or acres claimed,
and a description which identifies the claim with reasonable certainty is
void.
[17:89:1897; C § 224; RL § 2438; NCL § 4136] + [18:89:1897; C §
225; RL § 2439; NCL § 4137]—(NRS A 1971, 2201; 1983, 1611; 1985, 1500)
Tunnel Rights
The locator of a tunnel
right or location shall locate his tunnel right or location by posting a
notice of location at the face or point of commencement of the tunnel,
which notice must contain:
1. The name of the locator and his mailing address.
2. The date of the location.
3. The proposed course or direction of the tunnel.
4. The height and width thereof.
5. The position and character of the boundary monuments.
6. A description of the tunnel by reference to a natural landmark
or a readily identifiable artificial landmark which identifies the claim
or tunnel right.
[19:89:1897; C § 226; RL § 2440; NCL § 4138]—(NRS A 1971, 2202;
1985, 1500)
1. Within 60 days after the posting of the notice of location, the
locator of a tunnel right or location shall define the boundaries of the
tunnel by monuments placed at intervals of not more than 300 feet from
the face or point of commencement of the tunnel to the terminus of 3,000
feet therefrom.
2. The monuments must be of the same size and character as those
provided for lode or placer claims in this chapter.
[20:89:1897; C § 227; RL § 2441; NCL § 4139]—(NRS A 1985, 1500)
1. Within 90 days from the date of the location, the locator of a
tunnel right or location shall record his location with the county
recorder of the county in which the location is situated.
2. When the locator records his certificate of location he shall
file two copies of a map that complies with the requirements set forth in
NRS 517.040 .
3. Any record of a tunnel right or location which does not contain
all the requirements named in this section is void.
[21:89:1897; C § 228; RL § 2442; NCL § 4140]—(NRS A 1971, 2202;
1985, 1500)
All blind lodes, or veins or lodes not previously known to exist,
discovered in a tunnel run for the development of a vein or lode, or for
the discovery of mines, and within 3,000 feet from the face of such
tunnel, shall be located upon the surface and held in like manner to
other lode claims under the provisions of this chapter.
[22:89:1897; C § 229; RL § 2443; NCL § 4141]
General Provisions
1. In addition to any recording fee, each filing pursuant to NRS
517.050 , 517.080 , 517.110 ,
517.140 , 517.170 , 517.200 and
517.230 must be submitted with a filing
fee in an amount established pursuant to subsection 2. The county
recorder shall collect the filing fee and, on or before the fifth working
day of each month, deposit with the county treasurer all such fees
collected during the preceding month. The county treasurer shall
quarterly pay the money collected to the Division. The Division shall
deposit with the State Treasurer, for credit to the Account for the
Division of Minerals created pursuant to NRS 513.103 , all money received pursuant to this section.
2. The Commission on Mineral Resources shall, by regulation,
establish the filing fee required pursuant to subsection 1 in an amount
not to exceed $6 per claim.
(Added to NRS by 1985, 1494; A 1989, 1595; 1991, 1780; 1993, 298,
1686; 1995, 579; 1999, 891 , 3629 ; 2001, 66 )
A
locator of a mining claim or a claim for a mill site or tunnel right may
file with the county recorder a notice of location which is prima facie
evidence in all courts of justice of the first location of that claim.
[Part 3:89:1897; A 1907, 418; 1941, 92; 1931 NCL § 4122]—(NRS A
1985, 1501)
1. A locator shall:
(a) Post a separate notice of location; and
(b) Record a separate certificate of location,
Ê for each location of a lode or placer claim or of a claim for a mill
site or tunnel right.
2. Where a notice or certificate of location includes more than
one location, it is void as to all locations except the first described
in the notice or certificate. If the descriptions are combined so that it
cannot be determined from the notice or certificate which location is
described first, the notice or certificate is void as to all of the
locations.
(Added to NRS by 1985, 1493)
1. If at any time the locator of any mining claim located before,
on or after March 16, 1897, or his assigns, apprehends that his original
certificate of location was defective or erroneous, or that the
requirements of the law had not been complied with before filing, or if
he is desirous of changing his surface boundaries or of taking in any
part of an overlapping claim which has been abandoned, or in case the
original certificate of location was made before March 16, 1897, and he
is desirous of securing the benefits of this chapter, the locator, or his
assigns, may file an amended certificate of location, subject to the
provisions of this chapter, if the amendment does not interfere with the
existing rights of others at the time of the amendment.
2. The amendment or the record thereof does not preclude the
claimant from proving any title he held under previous locations.
3. Where a common error occurs in more than one certificate of
location, the locator may record one document which describes the error,
makes reference to the claims by name and the date, book and page of
recording and states the desired amendment.
[6:89:1897; C § 213; RL § 2427; NCL § 4125]—(NRS A 1969, 498; 1985,
1501)
Where a locator, or his assigns, has the
boundaries and corners of his claim established by a United States
Mineral Surveyor, or a licensed surveyor of this state, and his claim
connected with a corner of the public or minor surveys of an established
initial point, and incorporates into the record of the claim the field
notes of the survey, and attaches to and files with the certificate of
location a certificate of the surveyor setting forth:
1. That the survey was actually made by him, giving the date
thereof;
2. The name of the claim surveyed and the location thereof; and
3. That the description incorporated in the declaratory statement
is sufficient to identify,
Ê the survey and certificate become a part of the record, and the record
is prima facie evidence of the facts therein contained.
[8:89:1897; C § 215; RL § 2429; NCL § 4127]—(NRS A 1985, 1502)
1. The county recorder shall include all patented mines and mining
claims in the county on the county map of mining claims in a manner which
clearly distinguishes the patented mines and mining claims from the
unpatented claims.
2. When a record of survey filed with the county by a registered
surveyor shows the location of a patented mine or mining claim, the
county recorder shall conform the county map to the record of survey if
there is any discrepancy between the two maps concerning the location of
the mine or claim.
3. A county recorder who records a map pursuant to this section
shall, within 7 working days after he records the map, provide to the
county assessor at no charge:
(a) A duplicate copy of the map and any supporting documents; or
(b) Access to the digital map and any digital supporting documents.
The map and supporting documents must be in a form that is acceptable to
the county recorder and the county assessor.
(Added to NRS by 1985, 1494; A 1989, 50; 2001, 1566 ; 2003, 2792 )
1. When a record of survey filed with the county recorder by a
professional land surveyor shows the location of a mining claim, the
county recorder shall compare that record of survey to the county map of
mining claims and ascertain whether the location of the claim is accurate
according to the record of survey.
2. If the county map inaccurately shows the location of the claim,
the county recorder shall propose a change to the county map and mail a
notice to all persons whose claims would be affected by the proposed
change.
3. The notice must include:
(a) A description of the proposed change; and
(b) A statement advising the owner of the claim that the proposed
change will be made unless he makes a written request to the county
recorder for a hearing within 30 days.
4. If a request for a hearing is not received by the county
recorder within 30 days after he mailed the notice, the county recorder
shall make the proposed change to the county map.
5. Upon receipt of a request for a hearing the county recorder
shall request the board of county commissioners to hold a hearing on the
proposed change.
6. Upon receipt of such a request the board of county
commissioners shall, after notifying the county recorder and the owner of
the mining claim at least 30 days in advance, hold a hearing and
determine whether the proposed change is to be made.
(Added to NRS by 1985, 1494; A 1989, 797)
1. On or before November 1 of the year for which labor is
performed or improvements are made as required by law for a mining claim
annually, the person in whose behalf the labor was performed or
improvements made, or someone in his behalf, shall make and have recorded
by the county recorder, in books kept for that purpose in the county in
which the mining claim is situated, an affidavit setting forth:
(a) The amount of money expended, or value of labor or improvements
made, or both.
(b) The character of expenditures or labor or improvements.
(c) A description of the claim or part of the claim affected by the
expenditures or labor or improvements.
(d) The year for which the expenditures or labor or improvements
were made and the dates on which they were made.
(e) The name of the owner or claimant of the claim at whose expense
the improvements or labor was made or performed.
(f) The names of the persons, corporations, contractors or
subcontractors who performed the work or made the improvements.
2. An affidavit made and recorded pursuant to subsection 1 or a
copy thereof, certified by the county recorder, is prima facie evidence
of the performance of the labor or the making of the improvements, or
both.
3. On or before November 1 of each year that the performance of
labor or the making of improvements is not required by law for a mining
claim, the owner or claimant of the mining claim who intends to hold the
claim, or someone in his behalf, shall make and have recorded by the
county recorder, in books kept for that purpose in the county in which
the mining claim is situated, an affidavit setting forth:
(a) The name and address of the owner or claimant of the mining
claim.
(b) The name of the mining claim, and the serial number, if any,
assigned to the claim by the United States Bureau of Land Management.
(c) The date that the affidavit was made.
(d) A statement that the owner or claimant of the mining claim
intends to hold the claim.
4. An affidavit made and recorded pursuant to subsection 3 or a
copy thereof, certified by the county recorder, is prima facie evidence
that the owner or claimant of the mining claim intended to hold the claim
from 12 p.m. on September 1 of the year before the affidavit was made and
recorded, until 11:59 a.m. on September 1 of the year that the affidavit
was made and recorded.
[10:89:1897; C § 217; RL § 2431; NCL § 4129]—(NRS A 1960, 319;
1961, 422; 1969, 1003; 1971, 2202; 1985, 1502; 1993, 299)
Certificates of location need not be sworn to, and are
not required to be in any specified form nor to state facts in any
specific order, but must truly state the required facts.
[24:89:1897; added 1899, 93; C § 231; RL § 2445; NCL § 4143]—(NRS A
1961, 422)
010 to 517.280 ,
inclusive. The provisions of NRS 517.010 to 517.280 ,
inclusive, shall be construed as equally applicable to all classes of
locations, except where the requirement as to any one class is manifestly
inapplicable to any other class or classes.
[23:89:1897; C § 230; RL § 2444; NCL § 4142]
1. A person who willfully antedates or puts any false date or date
other than the one on which the location is made upon any notice of
location of any mining claim in this state is guilty of a category D
felony and shall be punished as provided in NRS 193.130 .
2. A person who willfully and knowingly makes a false material
statement on the certificate of location or on any map required by this
chapter is guilty of a category D felony and shall be punished as
provided in NRS 193.130 .
[1911 C&P § 410; RL § 6675; NCL § 10362]—(NRS A 1971, 2203; 1979,
1484; 1985, 1502; 1995, 1303)
EFFECT OF PREVIOUSLY RECORDED DOCUMENTS; CONVEYANCES
All instruments of writing relating to
mining claims copied into books of mining records or other records in the
office of the county recorders of the several counties prior to February
20, 1873, shall, after February 20, 1873, be deemed to impart to
subsequent purchasers and encumbrancers and all other persons whomsoever
notice of the contents thereof. Nothing contained in this subsection
shall be construed to affect any rights acquired or vested prior to
February 20, 1873.
[1:20:1873; B § 320; BH § 2664; C § 2736; RL § 1635; NCL § 2136] +
[2:20:1873; B § 321; BH § 2665; C § 2737; RL § 1636; NCL § 2137]—(NRS A
1971, 810)
1. All records of lode or placer mining claims, mill sites or
tunnel rights made by any mining district recorder or any county recorder
prior to March 16, 1897, are hereby declared to be valid and to have the
same force and effect as records made in pursuance of the provisions of
NRS 517.010 to 517.280 , inclusive.
2. Any such record, or a copy thereof duly verified by a mining
district recorder or duly certified by a county recorder, shall be prima
facie evidence of the facts therein stated.
[Part 3:89:1897; A 1907, 418; 1941, 92; 1931 NCL § 4122]
1. After December 12, 1862, conveyances of mining claims shall
require the same formalities and shall be subject to the same rules of
construction as the transfers and conveyances of other real property.
2. All conveyances of mining claims made prior to December 12,
1862, by bills of sale or other instruments in writing, with or without
seals, recorded or unrecorded, shall be construed in accordance with the
lawful local rules, regulations and customs of the miners in the several
mining districts of the Territory of Nevada; and if, prior to December
12, 1862, regarded as valid and binding in such mining districts, shall
have the same force and effect between the parties thereto, as prima
facie evidence of sale, as if such conveyances had been made by deed
under seal.
3. The location and transfers of mining claims made prior to
December 12, 1862, shall be established and proved in contestation before
courts by the local rules, regulations and customs of the miners in the
several mining districts of the Territory of Nevada in which such
location and transfers were made.
[1:14:1862; B § 307; BH § 2650; C § 2720; RL § 1100; NCL § 1561] +
[2:14:1862; B § 308; BH § 2651; C § 2721; RL § 1101; NCL § 1562] +
[3:14:1862; B § 308; BH § 2652; C § 2722; RL § 1102; NCL § 1563]
In all cases in this
state since July 1, 1867, where minors over the age of 18 years have sold
interests acquired by them in mining claims or locations within this
state, by virtue of their having located such claims, or having been
located therein by others, and have executed deeds purporting to convey
such interests, such deeds, if otherwise sufficient in law, shall be held
valid and sufficient to convey such interest fully and completely,
notwithstanding the minority of the grantor, and without any power or
right of subsequent revocation. This section does not apply to cases
where any fraud was practiced upon such minor, or any undue or improper
advantage was taken by his purchaser or any other person to induce such
minor to execute such deed.
[1:49:1869; B § 317; BH § 2653; C § 2723; RL § 1103; NCL § 1564] +
[2:49:1869; B § 318; BH § 2654; C § 2724; RL § 1104; NCL § 1565]—(NRS A
1973, 1579)
SALES BY COUNTIES OF PATENTED MINING CLAIMS
1. Whenever a patented mine or mining claim has become the
property of a county through operation of the revenue laws of this state,
any citizen of the United States may file with the board of county
commissioners of such county an affidavit and petition to explore and
develop the mine or claim, provided the mine or claim has been the
property of the county for less than 1 year, at the time of such filing.
2. The affidavit and petition shall state:
(a) That the petitioner is a citizen of the United States.
(b) That there is belonging to the county, as shown by the official
records thereof, a patented mine or mining claim, sufficiently
identifying it, which has become the property of the county through
operation of the revenue laws of this state.
(c) The amount of the tax, penalties and costs, if any, for which
the mine or claim became the property of the county.
(d) That it is the petitioner’s bona fide intention to explore and
develop the mine or claim.
[Part 1:44:1933; A 1935, 25; 1945, 351; 1943 NCL § 4309]—(NRS A
1971, 76; 1989, 50)
After March 7, 1947, the amount or sum for which a patented mine or
mining claim became the property of the county is hereby defined to mean
1 year’s taxes, plus penalties and costs.
[Part 1(a):44:1933; added 1947, 46; 1943 NCL § 4309.01]—(NRS A
1989, 50)
1. Upon receipt of an affidavit and petition as required by NRS
517.390 , the board of county
commissioners, by an order appearing in its minutes, may give such
petitioner permission to enter upon any such claim or claims and explore
the same for valuable minerals for a period of 6 months without any
charge therefor.
2. No ore or valuable mineral, in excess of 500 pounds, shall be
removed from any mining claim or claims until title thereto shall have
been acquired by the petitioner as provided in NRS 517.420 .
[Part 1:44:1933; A 1935, 25; 1945, 351; 1943 NCL § 4309]
1. At the expiration of 6 months, or sooner if the petitioner so
desires, the county treasurer shall make and execute a deed conveying the
title of the county to such mine or claim to the petitioner for the sum
for which the property became the property of the county.
2. A deed shall not be executed for any less number of mines or
claims than the number named in the 6 months’ prospecting permit referred
to in NRS 517.410 .
3. All money received from the sale of such patented mines or
mining claims must be credited to the county’s general fund.
[Part 1:44:1933; A 1935, 25; 1945, 351; 1943 NCL § 4309]—(NRS A
1965, 124; 1971, 76; 1989, 51)
1. No person or agent of any person shall be granted a new
prospecting permit upon the same claims, or any of them, under the
provisions of NRS 517.390 to 517.430
, inclusive:
(a) If such claims, or any of them, at the time of any subsequent
application, have been the property of the county for a year or more.
(b) Until 30 days shall have elapsed between the date of the
termination of the former prospecting permit and the date of application
for a subsequent permit.
2. If at the time of the expiration of a prospecting period actual
development work, by drilling or otherwise, is being carried on, then the
board of county commissioners shall, upon application, grant an
additional 6 months’ prospecting period to the same applicant or
applicants.
[Part 1:44:1933; A 1935, 25; 1945, 351; 1943 NCL § 4309]—(NRS A
1971, 76)
1. Whenever a patented mine or mining claim has been, for a year
or more, the property of a county through operation of the revenue laws
of this state and no prospecting permit granted under the provisions of
NRS 517.410 or 517.430 is in force with respect to the mine or claim,
any citizen of the United States may file with the board of county
commissioners of the county an affidavit and petition to have the mine or
claim advertised for sale to the highest bidder.
2. The affidavit and petition must state:
(a) That the petitioner is a citizen of the United States.
(b) That for the past year or more there has belonged to the
county, as shown by the official records thereof, a patented mine or
mining claim, sufficiently identifying it, which has become the property
of the county through operation of the revenue laws of this state.
(c) That no prospecting permit granted under the provisions of NRS
517.410 or 517.430 is in force with respect to the mine or claim.
(d) The amount of the tax, penalties and costs, if any, for which
the mine or claim became the property of the county.
(Added to NRS by 1971, 77; A 1989, 51)
1. Upon receipt of an affidavit and petition as required by NRS
517.450 , the board of county
commissioners, by an order appearing in its minutes, shall direct the
county treasurer to sell the patented mine or mining claim described in
the affidavit and petition, after giving notice of the sale, for a total
amount not less than the amount of the taxes, costs, penalties and
interest legally chargeable against the mine or claim so stated in the
order.
2. Notice of the sale must be posted in at least three public
places, including one at the courthouse and one on each claim, for a
period of not less than 20 days before the day of sale or, in lieu of
such posting, by publication of such notice for a like period in some
newspaper published within the county, if the board of county
commissioners by its order so directs.
3. Upon compliance with the order the county treasurer shall make,
execute and deliver to any purchaser, upon payment to him of a
consideration not less than that specified in the order, a deed conveying
the title of the county to the mine or claim.
4. All moneys received from the sale of such patented mines or
mining claims must be credited to the county’s general fund.
(Added to NRS by 1971, 77; A 1989, 51)
