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· 6/12/1996

Evans v. Cowan

Citations

  • 343 N.C. 510
  • 471 S.E.2d 634

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a claimant has valid existing rights when it made a discovery of a valuable mineral deposit, as of the time of the relevant withdrawal
  • explaining that if a mining “claim is not valid at the time of withdrawal it is not excepted from the effect of the withdrawal”
  • “The function of the Government mineral examiner is ... to verify ... whether the claimant has, in fact, found a valuable mineral deposit.”
  • “A mining claim does not create any rights against the United States and is not valid unless and until all requirements of the mining laws have been satisfied.”
  • “When land is closed to location under the mining laws subsequent to the location of a mining claim, the validity of the claim cannot be recognized unless the claim was supported by a valid discovery at the time of the withdrawal.”
  • “When land is closed to location under the mining laws subsequent to the location of a mining claim, the validity of the claim cannot be recognized unless the claim was supported by a valid discovery at the time of the withdrawal.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.