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eastcreek

Forest Preserves and City Parks

List,

Could someone comment on the feasibility/practicality of prospecting on "public lands" without a "claim" and using the mining laws as ones defense if confronted?
1866

Your answer is embodied in the first few lines of the Act of 1866:

"That the mineral lands of the public domain, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and occupation by all citizens of the United States, and those who have declared their intention to become citizens"


And also the first few lines of the Act of 1872:

"That all valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States and those who have declared their intention to become such"
beebarjay

Well eastcreek your question infers defending yourself regarding the mining activity.  Not the right to pursue that activity.  

bejay
eastcreek

allowed...

Thanks 1866
Very well then. I presuppose if ever approached by a police officer concerning prospecting in a public "park", or a forestry person in a "Forest Preserve" I have every right to recite the 1866 and 1872 mining law as my defense. (Sure wish I would have known this prior to being in Glacier National Park last month.)


1866 wrote:
Your answer is embodied in the first few lines of the Act of 1866:

"That the mineral lands of the public domain, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and occupation by all citizens of the United States, and those who have declared their intention to become citizens"


And also the first few lines of the Act of 1872:

"That all valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States and those who have declared their intention to become such"
eastcreek

Reading and Memorizing the Homework

Yes, and now that I have seen the 1866 wording as 1866 has eluded to, I'm more apt to actually pursue the activity!  Laughing  (Guess I should have printed out the homework.)


beebarjay wrote:
Well eastcreek your question infers defending yourself regarding the mining activity.  Not the right to pursue that activity.  

bejay
1866

One thing I will remind you since you mention it in the title of this thread and that is "City Parks".

You can only rely on The Grant when you are walking the bright line of the law that is contained in the language of that Act. Pay VERY close attention to the land that is described in both the Act of 1866 and also the 1872. Both basically describe lands in which the title to that land is held in trust by the United States. They are lands typically managed by BLM or USFS.

A "city park" typically does not fall into the lands described in the grant, even though the minerals that are in the soil of said park may very well be unappopriated and technically in the Public Domain. In this regard, lands that belong to states, cities, counties, municipalities should be treated the same way that you would treat your neighbor's front yard. Even though you may have open access to these areas, there is an element of private property involved and like any other property owner, they do have the right to defend their property. In otherwords, I'd suggest that you stay out of those city parks, just the same as you'd stay out of your neighbor's front yard..

That said, as you come to understand more about the layer cake of "land" (a very important term term that probably means more than most people think), you'll realize that state, county and city properties present something very complex in that there really is a split estate usually involved.

Stick to the language used in the Grant and it will guide you in the right direction.
GoldPatriot

Please keep in mind that this forum is about educating you about the law and your rights.  We hope that our fellow miners will not use this knowledge to take unnecessary risks or attempt to create a legal problem that didn't exist before you act.  Prospect smart, for what this industry doesn’t need is enemies in our own communities.  

If you want to detect in a public park, fairgrounds or other such place, check with the governing authority.  More times than not, you will find no restrictions.  If permission is granted, please leave the area repaired and cleaner than you found it.  If permission is not granted, be polite and find other areas to detect.  The war to save our rights to prospect and or mine, will NOT be won in a public park.
1866

I will second that sentiment.

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