M.E.G.
Sr. Member
- Apr 25, 2014
- 498
- 875
- Primary Interest:
- All Treasure Hunting
THE PEOPLE v. RINEHART
California was shaped by the search for gold. In time, the state‘s other natural treasures
— its waters and wildlife, its forests and coastlines — proved similar draws. We consider here a conflict arising from the competing desires to exploit and to preserve these various resources. The People assert the state may, in pursuit of protecting fish habitats and the quality of the state‘s waterways, temporarily ban a particular method of gold mining pending adoption of suitable regulations. Defendant Brandon Lance Rinehart, convicted of engaging in the banned mining technique, asserts it is the only practicable method and federal law promoting mining on federal land preempts the state‘s contrary legislation. The Court of Appeal concluded Rinehart potentially was correct and remanded for consideration of additional evidence and argument. We granted the People‘s petition for review. We conclude the state‘s moratorium is not preempted.
The federal laws Rinehart relies upon reflect a congressional intent to afford prospectors secure possession of, and in some instances title to, the places they mine. But while Congress sought to protect miners‘ real property interests, it did not go further and
guarantee to them a right to mine immunized from exercises of the states‘ police
powers. We reverse the Court of Appeal.
30 U.S. Code § 26 – Locators’ rights of possession and enjoyment
The locators of all mining locations made on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim existed on the 10th day of May 1872 so long as they comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, . . . .
Another topic addressed in part on 'Behind The Woodshed' today:
Behind The Woodshed Blogcaster ? August 28, 2016. | Real Liberty Media
California was shaped by the search for gold. In time, the state‘s other natural treasures
— its waters and wildlife, its forests and coastlines — proved similar draws. We consider here a conflict arising from the competing desires to exploit and to preserve these various resources. The People assert the state may, in pursuit of protecting fish habitats and the quality of the state‘s waterways, temporarily ban a particular method of gold mining pending adoption of suitable regulations. Defendant Brandon Lance Rinehart, convicted of engaging in the banned mining technique, asserts it is the only practicable method and federal law promoting mining on federal land preempts the state‘s contrary legislation. The Court of Appeal concluded Rinehart potentially was correct and remanded for consideration of additional evidence and argument. We granted the People‘s petition for review. We conclude the state‘s moratorium is not preempted.
The federal laws Rinehart relies upon reflect a congressional intent to afford prospectors secure possession of, and in some instances title to, the places they mine. But while Congress sought to protect miners‘ real property interests, it did not go further and
guarantee to them a right to mine immunized from exercises of the states‘ police
powers. We reverse the Court of Appeal.
30 U.S. Code § 26 – Locators’ rights of possession and enjoyment
The locators of all mining locations made on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim existed on the 10th day of May 1872 so long as they comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, . . . .
Another topic addressed in part on 'Behind The Woodshed' today:
Behind The Woodshed Blogcaster ? August 28, 2016. | Real Liberty Media
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