Cadastres -- United States; Mineral resources conservation -- United States
_Penalties_ are provided for force or threats by two or more persons
destroying mining property, including notices and amendments, and
defrauding, cheating or swindling, the latter being a felony.
Survey-Legal Interrelationships
=1–47= The mineral surveyor and the cadastral surveyor responsible for
processing mineral surveys must be thoroughly familiar with both federal
and state law relating to the appropriation of minerals on the public
domain.
The mineral surveyor may be the first detailed contact of the claimant
with a government official, and he will look to the mineral surveyor for
guidance through the first steps to obtaining patent, i.e., the survey,
including discovery and work requirements.
If the location does not meet the requirements set forth in the law, the
mineral surveyor may suggest the corrective steps necessary, including
an amended location. If the location certificate is too vague, an
amended certificate will be in order. If the development work includes
improvements that will not count as patent expenditure or if common
improvements will not meet the tests set forth in the chapter on mineral
surveys in the _Manual of Surveying Instructions_, the mineral surveyor
should discuss the matter with the claimant and suggest corrective
measures.
The matter of a valid discovery or what constitutes sufficient mineral
for patent is a complicated matter. While the mineral surveyor may
discuss the subject in generalities, as set forth in the next chapter,
it is not his duty to rule on it, this being a matter for the mineral
examiner and adjudicators to determine. He may guide the claimant in
properly locating and surveying his claims for patent.
If the mineral surveyor feels that the claimant is not justified in
proceeding to patent or if he feels that the land is being obtained for
purposes other than mining, he may decline to make the survey, since it
is a matter of private contract.
=1–48= Relationship of surveyor and attorney: If the claimant has
employed an attorney-at-law, the surveyor and attorney should work
closely together.
The surveyor should recognize that he is not schooled in the law and
should respect the attorney’s opinion; on legal matters it is the
attorney’s responsibility.
On the other hand, the attorney is not schooled in surveying and the
surveyor should guide him in technical matters. The surveyor may refuse
to comply with requests that are in conflict with his requirements of
survey and that of the Bureau of Land Management. Doubtful situations
may be referred to the Bureau of Land Management for further
instructions.
Many attorneys are not expert in mining law and may require guidance
from the mineral surveyor. Should the surveyor find himself in a
situation where legal advice is necessary, and the claimant has not
employed an attorney, he should discuss the matter with the claimant and
recommend obtaining the services of a lawyer.
Public-domain text, read in full here on John Shaqi.
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