Mining and Mining Claims

ORS 517.010
Location of mining claims upon veins or lodes


(1)

Any person, a citizen of the United States, or one who has declared an intention to become such, who discovers a vein or lode of mineral-bearing rock in place upon the unappropriated public domain of the United States within this state, may locate a claim upon such vein or lode by posting thereon a notice of such discovery and location. The notice shall contain:

(a)

The name of the lode or claim.

(b)

The names of the locators.

(c)

The date of the location.

(d)

The number of linear feet claimed along the vein or lode each way from the point of discovery, with the width on each side of the lode or vein.

(e)

The general course or strike of the vein or lode as nearly as may be, with reference to some natural object or permanent monument in the vicinity, and by defining the boundaries upon the surface of each claim so that the same may be readily traced.

(2)

(a) Such boundaries shall be marked within 30 days after posting of such notice by four substantial posts, projecting not less than three feet above the surface of the ground, and made of wood measuring not less than one and one-half inch by one and one-half inch, or by substantial mounds of stone, or earth and stone, at least two feet in height, one such post or mound of rock at each corner of such claims.

(b)

During the course of normal maintenance of the claim location posts or monuments, any post that requires replacement and is not constructed of naturally occurring materials shall be replaced by posts that are made of wood measuring not less than one and one-half inch by one and one-half inch on a side and that project not less than three feet above the surface of the ground.

(3)

At such time as any lode mining claim is declared invalid by the United States Department of the Interior, Bureau of Land Management or is otherwise dropped by the last claim holder of record without transfer through lease or sale to another person, all claim location posts not made of natural materials shall be removed from the public domain of the United States and at the same time any post made of natural materials shall be removed or dismantled. [Amended by 1991 c.215 §1]

Notes of Decisions

Mere marking of trees with red strips was insufficient to establish boundary within this section. Parker v. Jones, 281 Or 3, 572 P2d 1034 (1978)

Chapter 517

Atty. Gen. Opinions

Power of Department of Environmental Quality to regulate mining activities and recovery of oil and geothermal activities, (1972) Vol 35, p 1100

Law Review Citations

4 EL 370 (1974)


Source

Last accessed
Jun. 26, 2021