Where an adverse claim is filed during the period of publication, it shall be upon oath of the person or persons making the same, and shall show the nature, boundaries, and extent of such adverse claim, and all proceedings, except the publication of notice and making and filing of the affidavit thereof, shall be stayed until the controversy shall have been settled or decided by a court of competent jurisdiction, or the adverse claim waived. It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim. After such judgment shall have been rendered, the party entitled to the possession of the claim, or any portion thereof, may, without giving further notice, file a certified copy of the judgment roll with the register of the land office, together with the certificate of the Director of the Bureau of Land Management that the requisite amount of labor has been expended or improvements made thereon, and the description required in other cases, and shall pay to the register $5 per acre for his claim, together with the proper fees, whereupon the whole proceedings and the judgment roll shall be certified by the register to the Director of the Bureau of Land Management, and a patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the decision of the court, to rightly possess. If it appears from the decision of the court that several parties are entitled to separate and different portions of the claim, each party may pay for his portion of the claim, with the proper fees, and file the certificate and description by the Director of the Bureau of Land Management whereupon the register shall certify the proceedings and judgment roll to the Director of the Bureau of Land Management, as in the preceding case, and patents shall issue to the several parties according to their respective rights. Nothing herein contained shall be construed to prevent the alienation of the title conveyed by a patent for a mining claim to any person whatever.
Notes of Decisions
High Country Citizens All. v. Clarke, 454 F.3d 1177 (10th Cir. 2006).
· cites it 4× “30 U.S.C. § 30 . It also provides a process for third parties who claim no ownership in the land to file protests with the BLM, and provide evidence as to why the applicant has not satisfied the requirements for a patent.”
Sil-Flo Corp. v. Bowen, 402 P.2d 22 (Ariz. 1965).
· cites it 2× “Thereafter, appellant filed an adverse claim with the Bureau as provided in 30 U.S.C.A. § 30 , and brought the instant case in the Superior Court of Maricopa County, the county of appellee’s residence, in an attempt to comply with the following requirement contained therein: “ *…”
Rodriguez v. Oakley Valley Stone, Inc., 816 P.2d 326 (Idaho 1991).
“30 U.S.C. § 30 (1988). 3 . The agreement provided inter alia that, WHEREAS, Idaho Quartzite by resolution of its board of directors dated 17 February 1986 has determined that for business reasons it has no plans, nor intends to develop any such plans, to pursue whatever action…”
Bowen v. Chemi-Cote Perlite Corp., 423 P.2d 104 (Ariz. Ct. App. 1967).
· cites it 3× “30 U.S.C.A. § 30 . It was not contended below nor is it argued here that the decision of the Land Department, entered as a result of the Chemi-Cote “protest,” is controlling as to the decision to be rendered in this action, either under the principle of res judicata or otherwise.”
Bowen v. Chemi-Cote Perlite Corp., 432 P.2d 435 (Ariz. 1967).
· cites it 2× “* * * ” 30 U.S.C.A. § 30 : “Where an adverse claim is filed during the period of publication, * * * all proceedings, except the publication of notice and making and filing of the affidavit thereof, shall be stayed until the controversy shall have been settled or decided by a…”
Telluride Co. v. Varley, 934 P.2d 888 (Colo. Ct. App. 1997).
· cites it 5× “§ 29 (1994) and an adverse claim pursuant to 30 U.S.C. § 30 (1994) to defendant’s mining claims with the BLM.”
Lewiston Lime Co. v. Barney, 394 P.2d 323 (Idaho 1964).
“93 , 30 U.S.C.A. § 30 , provides in part: “Where an adverse claim is filed during the period of publication, it shall be upon oath of the person or persons making the same, and shall show the nature, boundaries, and extent of such adverse claim, and all proceedings, except the…”
Anchorage Sand & Gravel Co. v. Schubert, 114 F. Supp. 436 (D. Alaska 1953).
“The foregoing actions were brought under the provisions of 30 U.S.C.A. § 30 , to determine the right of possession under the mining laws of the United States to a part of the public lands reserved to the Territory of Alaska for school purposes by the Act of March 4, 1915, 38…”
Bowen v. Sil-Flo Corp., 451 P.2d 626 (Ariz. Ct. App. 1969).
“the rights of the parties under the 1954 and 1955 agreements, 11 is an *280 adverse suit brought in pursuance of 30 U.S.C.A. § 30 . Such an action is affected by U.”
Ranchers Expl. & Dev. Co. v. Anaconda Co., 248 F. Supp. 708 (D. Utah 1965).
“There it was assumed that the decision was governed by 30 U.S.C.A. § 30 concerning proceedings in connection with applications for patent.”
Hinchman v. Ripinsky, 202 F. 625 (9th Cir. 1913).
“Section 2326, Revised Statutes ( 30 U.S.C.A. § 30 and note), provides for an action of the kind in case of contest between applicants for the same tract of mineral land.”
State Tax Comm'n v. Kennecott Copper Corp., 150 F.2d 905 (10th Cir. 1945).
· cites it 2× “’ It did not in express language prescribe either a Federal or a state court, and did not provide for exclusive or concurrent jurisdiction.”
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