Union Oil Co. of Cal. v. Smith
Citations
- 249 U.S. 337
- 39 S. Ct. 308
- 63 L. Ed. 635
- 1919 U.S. LEXIS 2132
Syllabus
<p>In order to create valid rights or initiate a title as against the United States under the mining laws, a discovery of mineral within the location is essential. P. 346.</p> <p>For the purpose of exploring for mineral, a qualified person who has entered peaceably upon vacant public land is treated as a licensee or tenant at will of the United States and allowed, as of necessity, a right of possession, the extent of which, i. e., whether confined to •pedü possesdo or coterminous with the boundaries of his inchoate location, — is not here decided. Id.</p> <p>The .right of possession before discovery may be maintained only by continued actual occupancy by a qualified locator or his representatives. engaged in persistent and diligent prosecution of work looking to the discovery of mineral. P. 348.'</p> <p>Discovery may follow the marking and recording of a mining claim,' and perfect the location as of the time of discovery, provided no rights of third parties have intervened. P. 347.-</p> <p>The terms “assessments,” ‘.‘annual assessment labor,” and “assessment work,” in acts of Congress as in.the practice-of miners, have nothing to do with the locating or holding of a claim before discovery, but refer to the annual labor required by Rev. Stats., § 2324,</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that such a person has “an exclusive right of possession to the extent of his claim as located, with the right to extract the minerals, even to exhaustion”
- “[A]s a practical matter, exploration must precede the discovery of minerals, and some occupation of the land ordinarily is necessary for adequate and systematic exploration.”
- an unpatented mining claim is “a property right in the full sense”
- “[The Mining Law] extends an express invitation to all quali- fied persons to explore the lands of the United States for valu- able mineral deposits, and holds out to one who succeeds in making a discovery the promise of a full reward” (cleaned up)
Source: CourtListener parenthetical corpus (CC0).
Judges: Pitney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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