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
Where the vein is wider than patent, the extralateral rights belong to
the senior claim. A claim located on the dip, though senior, loses the
vein to a junior claim properly located on the apex. The latter issues
have been the subject of numerous lawsuits, and there have been
decisions favoring each side.
In Figure 1, Claims A, B, C, D and E were located along the apex of a
vein dipping to the south in alphabetical order, “A” being the oldest
claim. The portions of the vein belonging to each claim are shown by
various cross-hatching.
[Illustration:
FIG. 1
]
=1–50= Riparian Rights: Although not a general rule, occasions have
arisen when a mining claim adjoins a navigable body of water and the
shoreline or mean high water mark becomes the boundary of the claim. In
such instances it is proper to run such a boundary as a meander line and
the field notes of the mineral survey should state that it is a meander
line of the mean high water line and that the corners of such line are
meander corners. The situation is well stated in _Alaska United Gold
Mining Co. et al. v. Cincinnati-Alaska Mining Co. et al._, decided April
18, 1916, 45 L.D. 330:
“The rule as to meander lines is applicable to mining
claims, and where in the course of an official patent survey
of a mining claim abutting upon a navigable body of water a
meander line has been run, which follows as nearly as
practicable the shore line of the water, such shore line and
not the meander line, must be taken as the boundary of the
claim when patented according to the plat and field notes of
the survey.”
“Where one of the boundaries of a patented mining claim is a
navigable body of water, all accretions formed after survey
and prior to entry and patent of the tract passed under the
patent, and all accretions that may thereafter form, become
the property of the riparian proprietor.”
Following is an example of a mining claim with a meander line as a
boundary taken from Mineral Survey 2154A Alaska. While the notes do not
specifically call for meander corners, they do state that the line
follows the mean high water mark of Cook Inlet (Figure 2). It is not
necessary to monument the intermediate angle points along the meander
line, as the example shows.
Should one entire end of a claim be delineated by a meander line, the
end line will be protracted parallel to the inland end line at the
farthest seaward point for the purpose of determining extralateral
rights.
[Illustration:
FIG. 2
]
CHAPTER II
Discovery and Location
Lode Claims
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