What is a “Location”.

[Assembler]

What is a “Location”​

Location Definition - What is Location?
Estates. Among surveyors, who are authorized by public authority to lay out lands by a particular warrant, the act of selecting the land designated in the warrant and surveying it, is called its location. In Pennsylvania, it is an application made by any person for land, in the office of the secretary of the late land office of Pennsylvania, and entered in the books of said office, numbered and sent to the surveyor general's office. Act June 25, 1781, §2, 2 Sm. Laws, 7. -- Bouviers Law Dictionary

In American land law. The designation of the boundaries of a particular piece of land, either upon record or on the land itself. Mosby v. Carland, 1 Bibb. (Ky.) 84. The finding and marking out the bounds of a particular tract of land, upon the land itself, in conformity to a certain description contained in an entry, grant, map, etc.; such description consisting in what are termed "locative calls." Cunningham v. Browning, 1 Bland (Md.) 329. In mining law. The act of appropriating a "mining claim" (parcel of land containing precious metal in its soil or rock) according to certain established rules. It usually consists in placing on the ground, in a conspicuous position, a notice setting forth the name of the locator, the fact that it is thus taken or located, with the requisite description of the extent and boundaries of the parcel. St Louis Smelting, etc., Co. v. Kemp, 104 U. S. 649, 26 In Ed. 875. In a secondary sense, the mining claim covered by a single act of appropriation or location. Id. In Scotch law. A contract by which the temporary use of a subject, or the work or service of a person, is given for an ascertained hire. 1 Bell, Comm. 255. Blacks Law Dictionary

 

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[StreamlineGold]

Interesting fact.. many really old claims do not have good legal descriptions such as distance to a permanent boundary etc.. and do not even have maps. In modern times is next to impossible to find their locations in some cases because the current owners didn't bother to restake or amend the locations to give a better idea to would be prospectors, or some natural feature aka the old oak tree is the centerline which may be dead and gone. A general idea is not good enough. Due diligence is the key. Make sure a prudent man can reasonably locate where your claim lies to prevent disputes. If the BLM cant even find it, its hardly a legal claim by any stretch.

 

[ARC]

Where you are currently standing..
Or...
Sitting. Heh

 

[Assembler]

Location of "Mineral deposit".

 

[Assembler]

The following maybe of interest:

A claim may be located by "distinctly marking it” on the ground so that its boundaries can , be readily traced. 30 U.S.C. sec. 28. Discovering a valuable mineral deposit is a crucial step in the mining claim and mineral patent process. Although the Mining Law provides that "no location of a mining claim shall be made until the discovery of a vein or lode within the limits of the claim located, " 30 U. S.C. sec. 23, the courts have allowed claimants to physically locate mining claims prior to discovery Union Oil Co. v. Smith, 249 U.S.337, 347 (1919). However, a discovery is vital to establishing the possessory rights attendant to a valid mining c1ai.m. Cameron v. United States, 252 U.S. 450, 464 (1920). The same requirements apply equally to claims based on the discovery of a placer deposit. 30 U.S.C.
A patent may be obtained only "for any land claimed and located for valuable deposits." 30 U.S.C. sec. 29.

 

[Assembler]

Location fee

Location fee
Notwithstanding any other provision of law, for every unpatented mining claim, mill or tunnel site located after August 10, 1993, to the extent provided in advance in Appropriations Acts, pursuant to the Mining Laws of the United States, the locator shall, at the time the location notice is recorded with the Bureau of Land Management, pay to the Secretary of the Interior a location fee, in addition to the claim maintenance fee required by section 28f of this title, of $25.00 per claim.

 

[Assembler]

Interesting fact.. many really old claims do not have good legal descriptions such as distance to a permanent boundary etc.. and do not even have maps. In modern times is next to impossible to find their locations in some cases because the current owners didn't bother to restake or amend the locations to give a better idea to would be prospectors, or some natural feature aka the old oak tree is the centerline which may be dead and gone. A general idea is not good enough. Due diligence is the key. Make sure a prudent man can reasonably locate where your claim lies to prevent disputes. If the BLM cant even find it, its hardly a legal claim by any stretch.

Yep. The "Discovery / monuments / documents" may have carried more weight. After all it could have been around a weeks ride to the County seat.
Thank you StreamlineGold for your discussion as otherwise this one's posts can be taken as back to back self posting.

Notice this post is a discussion reply and not a back to back post about no need for a "Legal descriptions" as also pointed out in the next post. See below:

 

[Assembler]

Where you are currently standing..
Or...
Sitting. Heh

Continuous possession of mining claim for five years before adverse rights exist is equivalent to "Location" Dalton v. Clark, 129 California App. 136, 18 P.2d 752, 754

The act of appropriating a "Mining claim" (parcel of land containing precious metal in its soil or rock) according to certain established rues. It usually consists in placing on the ground, in a conspicuous position, a notice setting forth the name of the locator, the fact that it is thus taken or located, with the requisite description of the extent and boundaries of the parcel.
In a secondary sense, the mining claim covered by a single act of appropriation or location.

Notice this post is a discussion reply and not a back to back post about "Possession, notice placed on the ground, and Parcels" to start with.

 

[Assembler]

Explanation of Location
A mining claim is a selected parcel of Federal land, valuable for a specific mineral deposit or deposits, for which you have asserted a right of possession under the Mining Law. Your right is restricted to the development and extraction of a mineral deposit. The rights granted by a mining claim protect against a challenge by the United States and other claimants only after the discovery of a valuable mineral deposit.
The two types of mining claims are lode and placer. In addition, mill sites and tunnel sites may be located to provide support facilities for lode and placer mining claims (43 CFR Part 3832).
https://www.blm.gov/programs/energy...s/locatable-materials/explanation-of-location
Lode claims are usually located as parallelograms with the side lines parallel to the vein or lode. Descriptions are by metes-and-bounds surveys (giving the length and compass bearing of each boundary line from a central point or monument to each corner post, and then sequentially around the perimeter of the claim).
The maximum size of a placer claim for a corporation is 20 acres per claim. Corporations may not locate association placer claims unless they are in association with other private individuals or other corporations as co-locators. (43 CFR Part 3832, Subpart B).


Starting in 1873, the Department of the Interior began defining locatable minerals as those minerals that are:
• recognized as a mineral by the standard experts,
• are not subject to disposal under some other law, and
• make the land more valuable for mining than for farming.
https://www.blm.gov/programs/energy-and-minerals/mining-and-minerals/about

 

[Assembler]

Definition of locate
https://www.merriam-webster.com/dictionary/locate
located; locating
intransitive verb
: to establish oneself or one's business : settle
• The company will locate north of the city.
transitive verb
1 : to determine or indicate the place, site, or limits of
• locate the lines of the property.
2 : to set or establish in a particular spot : station
• located the clock in the exact center of the mantel
3 : to seek out and determine the location of
• Try to locate the source of the sound.
4 : to find or fix the place of especially in a sequence : classify
• locating the reigns of the pastoral kings

Intransitive verbs
https://en.oxforddictionaries.com/grammar/transitive-and-intransitive-verbs
An intransitive verb does not have an object. In the following sentences, cry, work, laugh, and talk are intransitive verbs:

Transitive and intransitive verbs

Here is a short list of some common verbs that can be transitive or intransitive:
Verb Transitive Intransitive
move Could you move your car please? The trees were moving in the breeze.
start Taylor was found guilty of starting the fire. The match starts at 3 p.m.
change Marriage hasn’t changed her. The area’s changed greatly in the last decade.
close Close your eyes; I’ve got a surprise for you. Most shops here close at 5.30 p.m.
open Open the window; it’s too hot in here! The museum opens at 10 a.m.
stop Greg tried to stop her from leaving. When the rain stopped, we went for a walk.
do Have you done your coursework? Joe’s doing well in his new job.
set Kate set a chair next to the bed. The sun was setting and a red glow filled the sky.
run Michelle used to run a restaurant. The path ran over the hill.
live Our cat lived till he was 10. He was living a life of luxury abroad.
wash Have you washed your hands? I washed, dressed, and went out.
write Write your name here. Kevin couldn’t read or write.

What Is an Intransitive Verb? (with Examples)
An intransitive verb is one that does not take a direct object. In other words, it is not done to someone or something. It only involves the subject.
Intransitive Verb | What Is an Intransitive Verb?

The opposite of an intransitive verb is a transitive verb. A transitive verb can have a direct object. For example:
• He laughed.
(Laughed is an intransitive verb. It has no direct object. You cannot laugh something.)
• He told a joke.
(Told is a transitive verb. The direct object is a joke. You can tell something. You can tell a story, a lie, a joke, etc.)
Remember, you can find the direct object of a verb by reading the verb and then asking "what?" (or "whom?"). If this question is not appropriate, then you're probably dealing with an intransitive verb. For example (verbs in bold):
• He caught the bus after the party.
(Q: Caught what? A: the bus. This is a transitive verb. It has a direct object.)
• He disappeared after the party.
(Q: Disappeared what? That doesn't make sense. You can't disappear something. This is an intransitive verb. It can't take a direct object.)
Examples of Intransitive Verbs
Here are some more examples of intransitive verbs:
• Every single person voted.
• The jackdaws roost in these trees.
• The crowd demonstrated outside the theatre.
(In this example, demonstrated is an intransitive verb. However, to demonstrate can be used transitively too, e.g., He demonstrated a karate chop to the class.)

MANNER OF LOCATION
The United States mining laws require that placer claims shall be so located as to embrace legal subdivisions of the public land surveys where the lands have been surveyed, except in cases where the placer deposits are of the “gulch” type, that is, located in or along narrow stream beds or gulches, in which case the claims can be located by metes and bounds so as to conform generally to the shape of the deposit on the surface. Where locations are made by legal subdivisions, the smallest subdivision that can be so located is a square 10-acre tract. Each 10-acre tract must be mineral in character, but only one discovery is necessary to validate the claim.
https://books.google.com/books?pg=R...DE&id=7mc3AQAAMAAJ&ots=mtB2G6m4Ay&output=text
This requirement is intended to apply primarily to placer claims located by metes and bounds and not by legal subdivisions. The meaning of the requirement may be illustrated as follows: One locator can locate 20 acres in a single claim, but such location cannot be of such shape as to have any part thereof outside of a square 40-acre tract. In other words, this means that if a square 40-acre figure were to be superimposed on a 20-acre location, all of the location should fall within the boundaries of the square. Four locators could locate a claim embracing 80 acres, but in order to come within the requirements such location would need to be of such width and length as to fall entirely within the boundaries of two square 40-acre tracts, assuming that such 80-acre figure was superimposed on the location.
When a discovery of mineral in placer form has been made on land that is subject to location, a location should be made promptly in order that others may not make a prior location and thus deprive the prospector of his right to work the deposit. While the United States mining laws give no rights to a locator prior to the time he makes a discovery, it is generally customary for a prospector to make a location on the ground he expects to prospect before prospecting has actually begun. Prior to discovery, a prospector in actual occupation and diligently searching for mineral is a licensee or tenant at will, and no adverse right can be initiated or acquired through a forcible or fraudulent intrusion upon his possession by others, but if his occupancy be relaxed or be merely incidental to something other than a diligent search for mineral, another may acquire a valid right by peaceable entry and compliance with the law.
After discovery has actually been made, the prospector may, if he so desires, make as many locations as are necessary to protect his rights to the deposit, there being no limit placed on the number of mining claims that can be located by an individual or a group of locators, but a discovery must be made on each claim located. The extent of the placer material can often be determined by merely examining the surface- of the ground, but in other instances it may be necessary to excavate test-pits or to drill small test-holes. A satisfactory and economical method of determining the extent of the deposit is by the use of a post-hole auger.
When the extent of the deposit has been ascertained, the claim boundaries should be marked by setting up stakes or erecting monuments at the corners of the claim if the land is unsurveyed. If the land is surveyed and the claim is located by legal subdivisions, the United States mining laws do not require that the corners be staked or monumented. However, some states have laws requiring that the corners of the claims be monumented, regardless of whether the land is surveyed or unsurveyed. At the time of location. a location notice should be posted at a conspicuous place on the claim and such notice should contain the name or names of the locators. the date of location, a statement of the legal subdivisions embraced in the claim, or a description of the claim boundaries by metes and bounds with reference to some corner of an existing survey ‘or to some natural object or permanent monument which can be identified readily.

Mineral in Character and the Ten Acre Rule
(Placer Claims Only)
Each 10-acre subdivision of a placer claim must be mineral in character; if a 10-acre tract is nonmineral in character, it must be excluded from the patent. In McCall v. Andrus, 628 F32d 1185 (9th Cir.1980), cert, denied 450 U.S. 996 (1981), the Ninth Circuit Court of Appeals upheld the ten-acre rule and also the rule that only one discovery is required for a claim, regardless of size.
Distinction between "Discovery" and "Mineral in Character"
A small number of Interior and Federal court cases have distinguished between “discovery" and "mineral in character." Proof of discovery requires a showing of an exposed mineral deposit on the claim, whereas, mineral in character may be proved by geological inference. The marketability test is applied to both discovery and mineral in character. Discovery is the higher standard because lands may be mineral in character but still lack a discovery.

THE LAW OF PLACER MINING CLAIMS - dredgersdigest.com
www.dredgersdigest.com/.../2014/06/THE-LAW-OF-PLACER-MINING-CLAIMS.pdf

 

[Assembler]

A joke to lighten up the topic when one is out marking a "Location".........LOL

 

[Assembler]

LOCATION — (MINE) - The perfecting of a right to possession of a mining claim for mining purposes. This includes the staking of the claim, sinking a discovery shaft, discovery of a valuable mineral, posting a notice of location and recording the claim. In a broad sense there are 4 types of location: lode or vein, placer, tunnel and mill site. In a secondary meaning, a location is the mining claim covered by an act of appropriate or location.

LOCATION NOTICE — (MINE) - A public notice of location of a mining claim. The object of the notice is to inform the public. It must be filed and posted on the ground according to the laws of the state where located. Usually it sets forth the name of the locator, the date, the name of the claim, and a tie to a corner of the public land surveys. The essential requirement of a location notice, however, is that it must so describe and identify the location that it can be found by anyone interested in doing so, and that the boundaries may be readily traced on the ground.

 

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MINERAL LOCATION – (MINE)- A mining claim.

 

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ERRONEOUS LOCATION – (SURVEY)- Where it is evident that lands have been occupied in good faith but boundaries as occupied are clearly in disagreement with the demonstrated position of the legal subdivision.