In addition to possession of the ore, the method of extraction can affect neighboring owners. Subsidence (whether dramatic or subtle) occurs when a mine (or similar area) collapses or falls, causing structures to fall above or nearby, often damaging or destroying it. The issue of maintenance rights determines the legal rights and the relationship between the parties in these situations. Since 1920, the federal government has leased fuel and certain other minerals and collected a royalty on the value of materials mined and sold. Minerals that can be leased today include oil and gas, oil shale, geothermal resources, potash, sodium, native asphalt, solid and semi-solid bitumen, bituminous rock, phosphate and coal. In some States, sulphur is also leased. The process or activity of extracting precious metals from the earth, either natively or in their ores. In re Rollins Gold Min. Co.
(D. C.) 102 Fed. 985. As commonly used, the term does not include the extraction of rock, marble or shale from the earth, commonly referred to as “quarrying”, although coal and salt are “extracted”; or it includes sinking wells or wells for oil or natural gas, unless specifically provided by law, as is the case in Indiana. See State v. Indiana, etc., Min. Co., 120 Ind. 575, 22 N. E. 778, 6 L. R. A.
579; Williams v Citizens` Enterprise Co., 153 Ind. 490, 55 N. E. 425. A central aspect of property law for mining law is the question of who “owns” the mineral so that it can be legally extracted from the land. This often depends on the type of ore in question, the mining history of the jurisdiction, as well as the general legal tradition and its treatment of ownership. Mining law is the branch of law that refers to legal requirements that affect minerals and mining. Mining law covers several fundamental issues, including ownership of the mineral resource and who can deal with it. Mining is also affected by various regulations related to the health and safety of miners, as well as the environmental impact of mining. The Mineral Leasing Act of 1920 provided for the leasing of minerals from public lands, including oil, gas, coal and other non-energy rental minerals such as phosphates and sodium. It requires that a royalty be paid on quantities extracted and sold. The Mining Act, as amended, opened U.S.
Crown lands to the acquisition of minerals through the location and maintenance of mining claims. The mineral deposits thus acquired are generally referred to as “locatable minerals”. Localizable minerals include both metallic minerals (gold, silver, lead, copper, zinc, nickel, etc.) and non-metallic minerals (fluorspar, mica, some limestone and gypsum, tantalum, heavy minerals in the form of soap and precious stones). It is very difficult to make a complete list of locatable minerals because the history of the law has led to a definition of minerals that includes economics. The federal government has played a major role in mineral resource development by granting mineral rights, called patents, to individuals and companies wishing to mine on federally owned lands. The Mining Act of 1872 has remained unchanged since its passage under the presidential administration of Ulysses S. Grant. The law aimed to help small gold miners by making land more affordable. It set the price of mineral rights on federal properties at $2.50 and $5.00 per acre and gave prospectors the right to exploit without paying royalties. A royalty is the payment of a percentage of the value of minerals extracted by the lessor to the owner of the property.
Mining law varies both according to the legal tradition of the jurisdiction and according to the individual jurisdiction. Mining law in Europe is derived from medieval common law. At least from the 12th century, German kings claimed mining rights to silver and other metals and took precedence over local lords. But in the late Middle Ages, the mining rights, known as Bergregal, were transferred from the king to the rulers. Initially, mineral rights were granted orally or in writing by private individuals. From the beginning of the 15th century, mining law was issued by rulers in the form of ordinances or ordinances (mining orders), which often remained in force until the 19th century. A far-reaching new legal basis was created with the General Mining Act for the Prussian States of 1865, which was adopted with local deviations in Brunswick (1867), Bavaria (1869), Württemberg (1874), Baden (1890) and other states. With the exception of the Kingdom of Saxony, where an equally important law, the General Mining Act for the Kingdom of Saxony, was passed on 16 March. It entered into force in June 1868 and entered into force in all the major states of Germany. The process or undertaking of extracting precious or precious metals from the earth, either in their original state or in their ores. In re Rollins Gold Min. Co.
(D. C.) 102 Fed. 985. As commonly used, the term does not include the extraction of rock, marble or shale from the earth, commonly referred to as “quarrying”, although coal and salt are “extracted”; nor does it include sinking oil or natural gas wells or wells, except as specifically provided by law, as is the case in Indiana. See State v. Indiana, etc., Min. Co., 120 Ind. 575, 22 N. E. 778, 6 L, R. A. 579; Williams v Citizens` Enterprise Co., 153 Ind.
496, 55 N. E. 425. Land that contains precious metal in its soil or rock and is appropriated by an individual according to the rules established by the “localization” process. St Louis Smelting & Refining Co. v. Kemp, 104 U.S., 649, 26 L.Ed. 875; Northern Pac. R.
Co. v. Sanders, 49 Fed. 135, 1 C. C. A. 192; Glee son v. Mining Co., 13 Nev. 470; Lockhard v. Asher Lumber Co. (C.C.) 123 Fed.
493. This term was formerly used in England for associations founded in London in 1825 for mines operating in Mexico and South America; but at present it includes, both in England and in America, all mining projects carried out by joint-stock companies. Rapalje & Lawrence. Mining district. Part of the land usually designated by name and described or understood as limited within certain natural boundaries where precious metals (or their ores) are found in paid quantities. and which is processed for this purpose in accordance with the rules and regulations prescribed or agreed upon by the minors. U. S.
v. Smith (C. C.) 11 Fed. 490.Mining lease. a lease of a mine or mining claim or part thereof, normally treated by the lessee under conditions relating to the extent and nature of the work to be carried out and which is reserved to the lessor compensation either in the form of a fixed lease or a royalty on the tonnage of ore extracted and which (unlike a licence) confers on the lessee an interest or discount in the land; and mediates (unlike an ordinary lease) not only the temporary use and occupation of the land, but also a portion of the land itself, i.e. the ore that exists and is not separated and is to be mined by the tenant.