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A “profound” statement, if I say so myself.


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If a private property right (held under the General Mining law) is statutorily guaranteed, no USFS “Decision” of any type is required allowing it to take effect. Congress (by implementing statutory law) has already made that “Decision”. A mining development P-of-O in compliance with applicable law meets those requirements. USFS has no discretionary authority to arbitrarily delay or deny it.

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If a private property right (held under the General Mining law) is statutorily guaranteed, no USFS “Decision” of any type is required allowing it to take effect. Congress (by implementing statutory law) has already made that “Decision”. A mining development P-of-O in compliance with applicable law meets those requirements. USFS has no discretionary authority to arbitrarily delay or deny it.

Please clarify, "private property right". :89:

As a holder of an "unpatented" placer claim, not private prop, how does the law apply, or does it? :idunno:

Do ya happen to have a link to info? :brows:

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Mining rights, at one time, also included the right to access to your claim and in some cases the right to rescources on the claim (timber) for use in mining the claim. Legislated law stating such still exists but regulations somehow seem to superceed the law. It's just plain creepy to think of the liberties we have lost in the last 25 years.

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If an unpatented mining claim is "valid" = supported with a discovery of a valuable mineral.

You own that mineral & the right to extract it.

That is a "private property" right.

You don't own the land.

I knew I didn't own the land, just wasn't sure what "private property" to which they were referring.

Thanks :shake2:

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Our property rights are eroding away before our very eyes and many haven't even noticed. A mining claim involves the mineral rights and there are those who, for whatever reason, are trying to infringe on those rights. The title to real estate includes a "Bundle of Rights" and those rights have been severely damaged. Definition of 'Bundle Of Rights'

A set of legal rights afforded to the real estate title holder. The bundle of rights can include the right of possession (the property is owned by the title holder), the right of control (the owner controls the property's use), the right of exclusion (the holder can deny people access to the property), the right of enjoyment (the holder can use the property in any legal manner) and the right of disposition (the holder can buy or sell the property).

So, for example, when the state, city or county banned smoking on private property including bars, restaurants or whatever, what effect did that have on the property owner's rights? It took away the owner's right of control and the right of quiet enjoyment. The right of exclusion is now a joke because of discrimination laws. Some here were undoubtedly in favor of the smoking ban but did not realize the consequences.

In my humble opinion the US took a bunch of wrong turns and the proverbial door is now wide open. The big question is, what's next? It seems that every new batch of elected officials wants to exercise their power of authority.

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