Clark v. Duval

Citations

• 15 Cal. 85

Syllabus

<p>Miners have a right to enter upon public mineral land, in the occupancy of others for agricultural purposes, and to use the land and water for the extraction of gold—the use being reasonable, necessary to the business of mining, and with just regard to the rights of the agriculturist. And this, whether the land is inclosed, or taken up under the Possessory Act.</p> <p>The right so to enter and mine, carries with it the right to whatever is indispensable for the exercise of this mining privilege—as the use of the land, and such elements of the freehold or inheritance as water.</p>