§ 26. — Locators' rights of possession and enjoyment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC26]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 2--MINERAL LANDS AND REGULATIONS IN GENERAL
Sec. 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. Sec. 2322.)
Codification
R.S. Sec. 2322 derived from act May 10, 1872, ch. 152, Sec. 3, 17
Stat. 91.
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.
