mining

The process or business of extracting from the earth the precious or valuable metals, either in their native state or in their ores

@ mining claim

A parcel of land, containing precious metal in its soil or rock, and appropriated by an individual, according to established rules, by the process of "location." St. Louis Smelting & Refining Co. v. Kemp, 104 U.S. 636, 26 L.Ed. 875. 30 U.S.C.A. No. 21 et seq.

A mining claim on public lands is a possessory interest in land that is mineral in character and as respects which discovery within the limits of the claim has been made. Best v. Humboldt Placer Min. Co., 371 U.S. 334, 83 S.Ct. 379, 382, 9 L.Ed.2d 350.

See also mining location

- placer claim

@ mining district

A section of country usually designated by name and described or understood as being confined within certain natural boundaries, in which the precious metals (or their ores) are found in paying quantities, and which is worked therefor, under rules and regulations prescribed or agreed upon by the miners therein.

See also mining location

@ mining lease

A lease of a mine or mining claim or a portion thereof, to be worked by the lessee, usually under conditions as to the amount and character of work to be done, and reserving compensation to the lessor either in the form of a fixed rent or a royalty on the tonnage of ore mined, and which (as distinguished from a license) conveys to the lessee an interest or estate in the land, and (as distinguished from an ordinary lease) conveys not merely the temporary use and occupation of the land, but a portion of the land itself, that is, the ore in place and unsevered and to be extracted by the lessee.

See also mineral lease

@ mining location

The act of appropriating and claiming, according to certain established rules and local customs, a parcel of land of defined area, upon or in which one or more of the precious metals or their ores have been discovered, and which constitutes a portion of the public domain, with the declared intention to occupy and work it for mining purposes under the implied license of the United States. Also the parcel of land so occupied and appropriated. St. Louis Smelting & Refining Co. v. Kemp, 104 U.S. 636, 26 L.Ed. 875.

Essential to any valid location is the discovery of a valuable mineral deposit. Upon making a valid location the locator has vested rights in the land which are property in the true sense of the word. Cole v. Ralph, 252 U.S. 286, 295, 40 S.Ct. 321, 325, 64 L.Ed. 567.

Once the land is patented, the land is private property.

See also location (Mining law)

@ mining partnership

An association of several owners of a mine for co-operation in working the mine. Kahn v. Central Smelting Co., 102 U.S. 645, 26 L.Ed. 266; Kimberly v. Arms, 129 U.S. 512, 9 S.Ct. 355, 32 L.Ed. 764.

Generally, where the parties co-operate in developing a lease for oil and gas, each agreeing to pay his part of the expenses and to share in the profits or losses, a "mining partnership" exists. Continental Supply Co. v. Dickson Oil Co., 194 Okl. 660, 153 P.2d 1017, 1019.

A special type of partnership different in many respects from ordinary or trading partnerships. Meister v. Farrow, 109 Mont. 1, 92 P.2d 753, 757, 758, 760, 761

@ mining rent

Consideration given for a mining lease, whether such lease creates a tenancy, conveys a fee, or grants an incorporeal right or a mere license

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