Mineral Survey Procedures Guide, 1980 — John Shaqi
Mineral Survey Procedures Guide, 1980
Science
Mineral Survey Procedures Guide, 1980
Cadastres -- United States; Mineral resources conservation -- United States
=1–49= Extralateral Rights (Apex): Both the Acts of 1866 and 1872
granted the right to follow a vein downward on its dip beyond the
vertical boundaries of the claim. R.S. 2322, 30 U.S.C. 26 states in
part:
“The locators of all mining locations made on any mineral
vein, lode or ledge situated on the public domain ... shall
have the exclusive right of possession and enjoyment ... 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 to 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 lodes.”
Extralateral rights exist only when the end lines are substantially
parallel and then only when the apex of the vein passes through at least
one of the end lines.
If the vein passes through both end lines it may be followed with all
its dips and variations beyond the side lines within the vertical planes
of the end lines (see Claim A of Figure 1).
Where the vein passes through one end line and one side line, one end
line is theoretically moved by protraction to the point where the vein
leaves the side line, and extralateral rights apply on the vein only to
the extent of the foreshortened claim (see Claim B of Figure 1).
Where the vein leaves the claim through both side lines, there are no
extralateral rights and the vein may be mined only in the area contained
within the vertical boundaries of the claim (see Claim C of Figure 1).
Two claims might be located along the strike of the same vein in such a
manner as to produce diverging end lines as in Claims D and E of Figure
1. In this case a portion of the vein beneath the surface (F) belongs to
neither claim and must be appropriated by staking claims the vertical
boundaries of which will encompass the unappropriated segment.
Where veins of two different claims unite on the dip, the portion below
the junction belongs to the senior claim; if the veins cross, rather
than unite, the junction belongs to the senior claim.
An outcrop is not an apex in the case of bedded deposits that are tilted
or outcrop on a canyon wall. Claims located on the outcrops of bedded
deposits have no extralateral rights.
Public-domain text, read in full here on John Shaqi.
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