Notes, Mineral Discovery - Requisite or Relic

Utah Law Review, Vol. 6, p. 92, 1958

16 Pages Posted: 10 Jul 2009

See all articles by Alan A. Matheson

Alan A. Matheson

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: 1958

Abstract

The statutory requirement of discovery of mineral in place to support a valid location under the federal mining law was recently described as "the most perplexing problem now facing the hard-metals mining industry in connection with locating unpatented mining claims." Difficulty has been encountered in accommodating the nineteenth century statute to present-day prospecting. Development of the problem has paralleled the advance in scientific exploration equipment and techniques and the increased effort and expense attending the location of valuable ore deposits. The postwar uranium prospecting race emphasized particularly the practical necessity for reevaluating the legal standards of discovery. While conditions pointing to a new look at the statute have rapidly expanded, only recently have appellate courts assessed discovery under the impact of modern prospecting methods. Related to the discovery question is the prospector's need for security of possession during his explorations but prior to an actual physical exposure of mineral within the confines of his intended claim. The effect of modem developments and possible alternatives to the requirement of discovery will be discussed to examine the usefulness of the concept in the face of current demands and conditions.

Keywords: Discovery, mining, mineral

Suggested Citation

Matheson, Alan A., Notes, Mineral Discovery - Requisite or Relic (1958). Utah Law Review, Vol. 6, p. 92, 1958, Available at SSRN: https://ssrn.com/abstract=1432119

Alan A. Matheson (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
29
Abstract Views
1,204
PlumX Metrics