30 U.S.C. § 53
Possessory actions for recovery of mining titles or for damages to such title
No possessory action between persons, in any court of the United States, for the recovery of any mining title, or for damages to any such title, shall be affected by the fact that the paramount title to the land in which such mines lie is in the United States; but each case shall be adjudged by the law of possession.
Notes of Decisions
Cited in 6
cases, 1955–1997 · leading case: Alyeska Pipeline Serv. Co. v. Anderson, 629 P.2d 512 (Alaska 1981).
Alyeska Pipeline Serv. Co. v. Anderson, 629 P.2d 512 (Alaska 1981). “Of significance here is 30 U.S.C.A. § 53 (West 1971) which provides: No possessory action between persons, in any court of the United States, for the recovery of any mining title, or for damages to any such title, shall be affected by the fact that the paramount title to the…”
Geomet Expl., Ltd. v. Lucky Mc Uranium Corp., 601 P.2d 1339 (Ariz. 1979). “The doctrine of pedis possessio evolved from customs and usages of miners and has achieved statutory recognition in federal law as the “law of possession,” 30 U.S.C. § 53 (1970): No possessory action between persons, in any court of the United States, for the recovery of any…”
Duguid v. Best, 291 F.2d 235 (9th Cir. 1961). “See Title 30 U.S.C.A. § 53 , supra. Since the purpose and end result of a private contest operate to protect the government against invalid claims of title to or interest in public lands, we are convinced that such regulation is valid.”
Telluride Co. v. Varley, 934 P.2d 888 (Colo. Ct. App. 1997). “Here, as in Best , two parties claim a right of possession in federal land.”
Kanab Uranium Corp., a Utah Corp. Betty G. Morgan & Audrey H. Peterson v. Consol. Uranium Mines, Inc., a Nevada Corp., 227 F.2d 434 (10th Cir. 1955). “30 U.S.C.A. § 53 provides: “No possessory action between persons, in any court of the United States, for the recovery of any mining title, of [sic] for damages to any such title, shall be affected by the fact that the paramount title to the land in which such mines lie is in the…”
Ryan v. Pitkin Iron Corp., 444 F.2d 717 (10th Cir. 1971). “§ 211.21 and following, the several steps on the administrative route are described.”
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