Mining and Mining Claims

ORS 517.130
Mineral trespass


(1)

As used in this section:

(a)

“Bedrock sluice” means a wood or metal flume or trough that is permanently attached to the bedrock of the creek and is equipped with transverse riffles across the bottom of the unit and used to recover heavy mineral sands.

(b)

“Deface” includes but is not limited to altering, pulling down, damaging or destroying.

(c)

“Dredge” means a subsurface hose from 1.5 to 10 inches in diameter that is powered by an engine and is used to draw up auriferous material that is then separated in the sluice portion of the unit.

(d)

“Flume” means a trough used to convey water.

(e)

“Quartz mill” means a facility for processing ores or gravel.

(f)

“Rocker box” means a unit constructed of a short trough attached to curved supports that allow the unit to be rocked from side to side.

(g)

“Sluice box” means a portable unit constructed of a wood or metal flume or trough equipped with transverse riffles across the bottom of the unit and that is used to recover heavy mineral sands.

(2)

A person commits the crime of mineral trespass if the person intentionally and without the permission of the claim holder:

(a)

Enters a mining claim posted as required in ORS 517.010 (Location of mining claims upon veins or lodes) or 517.044 (Location of claims upon placer deposits) and disturbs, removes or attempts to remove any mineral from the claim site;

(b)

Tampers with or disturbs a flume, rocker box, bedrock sluice, sluice box, dredge, quartz mill or other mining equipment at a posted mining claim; or

(c)

Defaces a location stake, side post, corner post, landmark, monument or posted written notice within a posted mining claim.

(3)

Mineral trespass is a Class C misdemeanor. [1999 c.354 §5]
Note: See note under 517.120 (Definitions for ORS 517.120 to 517.133).
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