Cadastres -- United States; Mineral resources conservation -- United States
Usually, it will be advantageous to select a mineral surveyor close to
the project, or one who has worked in the area and has a knowledge of
existing surveys. All mineral surveyors are not equally experienced.
Their appointment means that they have met certain qualifications and
have satisfactorily demonstrated a knowledge of mineral survey
procedures.
More than one mineral surveyor should be consulted before making a
selection. His proposed method of making the survey, his availability
and time schedule, as well as fees should be discussed. Fees should be a
secondary consideration and may be on a time and expense basis or a flat
contract price. If a flat price is to be decided, the mineral surveyor
will probably want to first make an examination of the property. In any
event, the arrangement between the mineral surveyor and the claimant is
a matter of private contract, and the Bureau of Land Management will not
be responsible.
Even after a survey has been started, the claimant may discharge a
mineral surveyor and select another, but such action will call for an
amended order for survey.
=4–3= Selecting an Attorney: An attorney-at-law to act as agent for the
claimant in the patent proceedings is not necessary; the claimant can
make the application for patent himself.
However, an attorney well-versed in mining law can be a big asset and
arrangements should be made prior to the survey so that he will be
available for consultation. The mineral surveyor will know of attorneys
with whom he has previously worked and may be able to make
recommendations. The attorney’s fee may be negotiated. If the claimant
is a large corporation, it may have staff attorneys or landmen that can
handle the patent application.
The mineral surveyor may not assist in the patent proceedings. His help
may be required in determining the net area of the claim from the area
statement in the mineral surveyor’s field notes. There is no objection
to the mineral surveyor interpreting his notes, and assisting in this
regard.
=4–4= Application for Survey: Must be made by claimant(s) or his agent
on current Form 3860–5 (see appendix). Instructions are on the back of
the form.
1. The name of the applicant (claimant) should be given exactly as it is
to appear in the patent, together with his post office address.
2. Group name (if any). If the claims are known by a group name, it may
be placed here. If they do not have a group name, it may be omitted.
3. Name(s) of claim(s) should appear exactly as they are given in the
location certificate, e.g., Molly No. 1 should not be given as Molly #1.
The date the claim was first located and recorded in the present chain
of title must be given; the dates of amendment are only the last
amendment made.
4. The location of the claims by section, township and range (stating
that it is unsurveyed if based on protracted survey lines), county and
state must be given. If not within a national forest, “None” should be
used in the blank provided.
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