[Rev. 11/21/2013 12:16:33
PM--2013]
CHAPTER 517 - MINING CLAIMS, MILL SITES AND
TUNNEL RIGHTS
GENERAL PROVISIONS
NRS 517.003 “Division”
defined.
LOCATION OF MINING CLAIMS, MILL SITES AND TUNNEL RIGHTS
Lode Claims
NRS 517.010 Person
entitled to locate; requirements for location.
NRS 517.030 Monumenting
of claim; required removal of plastic monuments.
NRS 517.040 Map:
Specifications; filing; distribution; use of filing fee.
NRS 517.050 Certificate
of location: Recording; contents; effect of insufficiency.
NRS 517.080 Relocation
of abandoned lode claim.
Placer Claims
NRS 517.090 Requirements
for location.
NRS 517.100 Map:
Specifications; filing; use of filing fee.
NRS 517.110 Certificate
of location: Recording; contents; effect of insufficiency.
Tailings and Waste
NRS 517.115 Evidence
of abandonment; acquisition after abandonment.
Mill Sites
NRS 517.120 Location
of nonmineral land as mill site.
NRS 517.130 Requirements
for location.
NRS 517.140 Certificate
of location: Recording; contents; effect of insufficiency.
Tunnel Rights
NRS 517.150 Requirements
for location.
NRS 517.160 Definition
of boundaries; erection of monuments.
NRS 517.170 Recording
of certificate of location; filing of map; effect of insufficiency.
NRS 517.180 Location
of blind or unknown lode or vein in tunnel.
General Provisions
NRS 517.185 Fee
for each document filed; disposition.
NRS 517.190 Notice
of location: Filing; evidentiary effect.
NRS 517.195 Separate
notices and certificates of location; effect of combining locations in notice
or certificate.
NRS 517.200 Validation
of defective certificate of location or change of boundaries: Filing of amended
certificate of location; effect of amendment; correction of common error.
NRS 517.210 Survey
of location: Evidentiary effect of field notes and surveyor’s certificate.
NRS 517.213 Inclusion
of patented mines and mining claims on county map; conformity of discrepancy
between county map and record of survey showing location of mine or claim; duty
of county recorder to provide map to county assessor.
NRS 517.215 Comparison
of record of survey to county map of other claims; proposal to change map;
notice; hearing.
NRS 517.230 Affidavit
of work performed or improvements made; affidavit of owner or claimant;
evidentiary effect of affidavits.
NRS 517.280 Certificates
of location need not be sworn to; no required form.
NRS 517.290 Applicability
of NRS 517.010 to 517.280,
inclusive.
NRS 517.300 Unlawful
acts; penalties.
EFFECT OF PREVIOUSLY RECORDED DOCUMENTS; CONVEYANCES
NRS 517.350 Written
instruments recorded in office of county recorder before February 20, 1873,
deemed to impart notice to subsequent purchasers and encumbrancers.
NRS 517.360 Records
of mining claims, mill sites or tunnel rights made by mining district recorder
or county recorder before March 16, 1897, declared valid; evidentiary effect of
record.
NRS 517.370 Conveyances
of mining claims: Formalities; construction and proof of conveyances before
December 12, 1862.
NRS 517.380 Validity
of previous conveyances of mining claims or locations by minors more than 18
years of age.
SALES BY COUNTIES OF PATENTED MINING CLAIMS
NRS 517.390 Affidavit
and petition to explore and develop mine or claim.
NRS 517.400 Determination
of amount of taxes, penalties and costs.
NRS 517.410 Permission
to explore and develop claim; limitations.
NRS 517.420 Execution
of deed to convey title to petitioner; consideration and limitations;
disposition of proceeds of sale.
NRS 517.430 Renewal
of prospecting permits: Limitations and extensions.
NRS 517.450 Sale
of mine or claim not subject to prospecting permit: Affidavit and petition.
NRS 517.460 Sale
of mine or claim not subject to prospecting permit: Order for and notice of
sale; conveyance to purchaser; disposition of proceeds.
_________
_________
GENERAL PROVISIONS
NRS 517.003 “Division” defined. As
used in this chapter, unless the context otherwise requires, “Division” means
the Division of Minerals of the Commission on Mineral Resources.
(Added to NRS by 1999, 3628)
LOCATION OF MINING CLAIMS, MILL SITES AND TUNNEL RIGHTS
Lode Claims
NRS 517.010 Person entitled to locate; requirements for location. Any person who is a citizen of the United
States, or who has legally declared his or her intention to become a citizen of
the United States, who discovers a vein or lode may locate a lode mining claim
thereon by:
1. Defining the boundaries of the claim in
the manner and within the time prescribed by NRS
517.030;
2. Erecting or constructing at the point
of the discovery a monument of the size and character of any of the several
monuments prescribed in NRS 517.030; and
3. Posting in or upon the monument of
location a notice of the location, which must contain:
(a) The name of the claim.
(b) The name of the locator and the locator’s
mailing address.
(c) The date of location.
(d) The number of linear feet claimed in the
length along the course of the vein, each way from the point of discovery, with
the width claimed on each side of the center of the vein and the general course
of the lode or vein, as near as may be.
[1:89:1897; A 1907, 418; 1919, 386; 1925, 29; R 1927,
7; A 1941, 92; 1931 NCL § 4120]—(NRS A 1971, 218; 1985, 1494)
NRS 517.030 Monumenting of claim; required removal of plastic monuments.
1. Within 60 days after posting the notice
of location, the locator of a lode mining claim shall distinctly define the
boundaries of the claim by placing a valid legal monument at each corner of the
claim. A valid legal monument may be created by:
(a) Blazing and marking a tree, which has a
diameter of not less than 4 inches, not less than 3 feet above the ground;
(b) Capping a rock in place with smaller stones
so that the rock and stones have a height of not less than 3 feet; or
(c) Setting a wooden or metal post or a stone.
2. If a wooden post is used, the
dimensions of the post must be at least 1 1/2 inches by 1 1/2 inches by 4 feet,
and the post must be set 1 foot in the ground.
3. If a metal post is used, the post must
be at least 2 inches in diameter by 4 feet in length and be set 1 foot in the
ground. If the metal post is hollow, it must:
(a) Be securely capped or crimped in a manner
that securely closes the top of the post; and
(b) Have no open perforations.
4. If it is practically impossible,
because of bedrock or precipitous ground, to sink a post, it may be placed in a
mound of earth or stones. If the proper placing of a monument is impracticable
or dangerous to life or limb, the monument may be placed at the nearest point
properly marked to designate its right place.
5. If a stone is used which is not a rock
in place, the stone must be not less than 6 inches in diameter and 18 inches in
length and be set with two-thirds of its length in the top of a mound of earth
or stone 3 feet in diameter and 2 1/2 feet in height.
6. Except as otherwise provided in
subsection 7, a durable plastic pipe that was set before March 16, 1993, for the purpose of defining the boundaries of a lode mining claim shall be deemed to
constitute a valid legal monument if:
(a) The pipe is at least 3 inches in diameter by
4 feet in length and is set 1 foot in the ground; and
(b) The pipe is securely capped with no open
perforations.
7. The locator of a lode mining claim
located before March 16, 1993, the boundaries of which are defined by a durable
plastic pipe described in subsection 6, or the locator’s successor in interest,
shall, on or before November 1, 2011, remove the durable plastic pipe and
replace the monument of location and the corner monuments with valid legal
monuments in the manner prescribed pursuant to subsection 1. If the locator or
the locator’s successor in interest replaces the durable plastic pipe on or
before that date, the locator or the locator’s successor in interest shall,
within 60 days after the replacement, record a notice of remonumentation with
the county recorder of the county in which the claim is located and pay the fee
required by NRS 247.305. The notice
must contain:
(a) The name of the claim;
(b) The book and page number or the document
number of the certificate of location or the most recent amendment to the
certificate of location;
(c) The book and page number or the document
number of the map filed pursuant to NRS 517.040;
and
(d) A description of the monument used to replace
each monument that is removed.
Ê The notice
may include more than one claim. Any durable plastic pipe that is removed
pursuant to this subsection must be taken from the lode mining claim and
disposed of in a lawful manner.
8. After November 1, 2011, any durable
plastic pipe that is not removed pursuant to subsection 7 may be removed and
placed on the ground immediately adjacent to the location from which it is
removed to preserve evidence of its use as a monument for the lode mining
claim.
9. The replacement of a durable plastic
pipe or the recording of a notice pursuant to subsection 7 does not:
(a) Amend or otherwise affect the legal validity
of the claim for which the monuments were created;
(b) Modify the date of location of the claim; or
(c) Require the filing of an additional or
amended map pursuant to NRS 517.040.
[Part 2:89:1897; A 1899, 93; 1901, 97; 1907, 418; RL
§ 2423; NCL § 4121]—(NRS A 1971, 2197; 1985, 1495; 1993, 24, 25; 1995, 119, 121; 2009, 829)
NRS 517.040 Map: Specifications; filing; distribution; use of filing fee.
1. Within 90 days after posting the notice
of location, the locator of a lode mining claim shall prepare two copies of a
map of the claim on a scale of not less than 500 feet to the inch, which sets
forth the position of the monuments in relation to each other and establishes
numbers of the boundary monuments. If the land has been surveyed by the United
States, the description must be connected by courses and distances to an
official corner of the public land survey. If the land has not been surveyed by
the United States or if official corners cannot be found through the exercise
of due diligence, the description must be tied by courses and distance to a
natural landmark or a readily identifiable artificial landmark which is
customarily shown on a map, including, without limitation, a bench mark or the
point at which two roads intersect. The description must also state the
township and range, and if the lands are surveyed lands, the quarter section
and section in which the landmark and the mining claim are situated. The
locator is not required to employ a professional surveyor or engineer, but each
locator shall prepare a map which is in accordance with the locator’s abilities
to map and properly set forth the boundaries and location of the locator’s
claim. The size of each sheet must be 8 1/2 by 14 inches or 24 by 36 inches.
Any 8 1/2- by 14-inch sheet must be capable of being photocopied. Any 24- by
36-inch sheet must be a mylar print or other material capable of being
reproduced by standard means.
2. Within 90 days after the posting of the
notice of location, the locator shall file both copies of the map with the
county recorder in the county in which the claim is located together with a
filing fee of $15 for each claim whose boundaries and location are set forth on
the map.
3. Using the proceeds of these filing
fees, the county:
(a) Shall establish and maintain, in accordance
with the regulations of the Division, a map of the mining claims in the county
that must accurately record the location of all mining claims filed after July
1, 1971;
(b) Shall purchase and maintain the necessary
equipment used in establishing, maintaining and duplicating the map; and
(c) May use any remaining money for any purpose
determined by the county recorder.
Ê The map is a
public record.
4. The county recorder shall not refuse to
accept a map submitted by a locator unless the county recorder can
affirmatively show that the map submitted does not accurately reflect the
location of all the claims.
5. The county recorder shall send one copy
of the locator’s map and one copy of the certificate of location to the county
surveyor as soon as practicable after its receipt.
[Part 2:89:1897; A 1899, 93; 1901, 97; 1907, 418; RL
§ 2423; NCL § 4121]—(NRS A 1960, 291; 1961, 100; 1971, 2198; 1973, 868; 1983,
1609; 1985,
1496, 1691;
1987, 318; 1993, 1685; 1999, 3628)
NRS 517.050 Certificate of location: Recording; contents; effect of
insufficiency.
1. When the locator files his or her map
pursuant to NRS 517.040, the locator shall present
to the county recorder for recording, together with the usual recording fees,
duplicate certificates of location which contain:
(a) The name of the lode or vein.
(b) The name of the locator and the locator’s
mailing address.
(c) The date of the location.
(d) The number of linear feet claimed in length
along the course of the vein each way from the point of discovery with the
width on each side of the center of the vein, and the general course of the
lode or vein as near as may be.
(e) A statement that the work of location
consisted of making the maps as provided in NRS 517.040.
(f) The location and description of each corner,
with the markings thereon.
2. Any record of the location of a lode
claim which does not contain all the requirements named in this section
recorded on or after July 1, 1971, is void, and every location of a mining
claim recorded on or after July 1, 1971, is void unless a certificate of
location thereof substantially complying with the above requirements is
recorded with the county recorder of the county in which the claim is located
within 90 days after the date of location.
3. This section does not invalidate a
record of location of a mining claim which was validly located and recorded
before July 1, 1971.
[Part 3:89:1897; A 1907, 418; 1941, 92; 1931 NCL §
4122]—(NRS A 1960, 292; 1961, 100; 1971, 2199; 1983, 1610; 1985, 1497)
NRS 517.080 Relocation of abandoned lode claim.
1. The relocation of an abandoned lode
claim must be made by preparing two copies of a map of the claim as provided by
NRS 517.040, and erecting new boundaries or
adopting the old boundaries by renewing the monuments if they have been removed
or destroyed. In either case, a new monument of location must be erected.
2. Two copies of the claim map must be
filed with duplicate certificates of location with the county recorder of the
county in which the claim is situated, accompanied by a filing fee as
prescribed in NRS 517.040.
[7:89:1897; C § 214; RL § 2428; NCL § 4126]—(NRS A
1971, 2200; 1983, 349; 1985, 1498)
Placer Claims
NRS 517.090 Requirements for location.
1. The location of a placer claim shall be
made in the following manner:
(a) By posting thereon, upon a monument meeting
the requirements of NRS 517.030, erected at any
point along the north boundary, a notice of location containing:
(1) The name of the claim;
(2) The name of the locator or locators,
together with the post office address of such locator or locators;
(3) The date of location; and
(4) The number of feet or acres claimed;
and
(b) By marking the boundaries and the location
point in the same manner and by the same means as required by the laws of this
state for marking the boundaries of lode claim locations.
2. Where the United States survey has been
extended over the land embraced in the location, the claim may be taken by
legal subdivisions, and, except the marking of the location point as prescribed
in subsection 1, no other markings than those of such survey shall be required.
[13:89:1897; A 1899, 93; C § 220; RL § 2434; NCL §
4132]—(NRS A 1971, 2200)
NRS 517.100 Map: Specifications; filing; use of filing fee. Within 90 days after posting the notice of
location of a placer claim, the locator shall:
1. Prepare two copies of a map of the
claim which must be of a scale of not less than 500 feet to the inch. If the
United States survey has been extended over the land embraced in the location,
the claim may be taken and described on the map by legal subdivisions as
provided in NRS 517.090. If the land has not been
surveyed by the United States or if official corners cannot be found through
the exercise of due diligence, the map must set forth the position of the
monuments in relation to each other and establish numbers of monuments, and the
descriptions must be tied to a natural landmark or a readily identifiable
artificial landmark as provided in NRS 517.040.
2. File the maps with the county recorder
in the county in which the claim is located together with a filing fee of $1
per acre. One-half of the filing fee must be used by the county to establish
and maintain, in accordance with the regulations of the Division, a map of the
mining claims in the county that must accurately record the location of all
mining claims filed after July 1, 1971, which is a public record. The remaining
part of the fee may be used for the same purposes as any other general revenue
of the county.
[Part 14:89:1897; A 1899, 93; C § 221; RL § 2435; NCL
§ 4133]—(NRS A 1971, 2200; 1985, 1498; 1993, 1686; 1999, 3629)
NRS 517.110 Certificate of location: Recording; contents; effect of
insufficiency.
1. When the locator files his or her maps
pursuant to NRS 517.100, the locator shall present
to the county recorder for recording, together with the usual recording fees,
duplicate certificates of location which state:
(a) The name of the claim, designating it as a
placer claim.
(b) The name of the locator and the locator’s
mailing address.
(c) The date of location.
(d) The number of feet or acres claimed.
2. This certificate, or the record
thereof, or a certified copy of the record is prima facie evidence of the
recitals therein.
3. If the certificate does not state all
the facts required by this section to be stated, it is void.
[Part 14:89:1897; A 1899, 93; C § 221; RL § 2435; NCL
§ 4133]—(NRS A 1971, 2201; 1983, 1611; 1985, 1499)
Tailings and Waste
NRS 517.115 Evidence of abandonment; acquisition after abandonment.
1. Whenever the tailings of any mining
claim or the waste of any mine has been deposited upon the unappropriated
public domain and remains unworked for a period of 10 successive years, it is
prima facie evidence of abandonment of title or the right of possession
thereto.
2. After abandonment, the right of
possession or title to the mining tailings or waste may be acquired by locating
the site on which the tailings or waste is deposited by complying with the
provisions of NRS 517.090, 517.100
and 517.110.
(Added to NRS by 1957, 569; A 1985, 1499)
Mill Sites
NRS 517.120 Location of nonmineral land as mill site. The proprietor of a mine or mining claim or
the owner of a mill or reduction works, may locate 5 acres of nonmineral land
as a mill site.
[15:89:1897; C § 222; RL § 2436; NCL § 4134]—(NRS A 1985, 1499)
NRS 517.130 Requirements for location. The
locator of a mill site shall locate his or her claim by:
1. Posting a notice of location thereon,
which must contain:
(a) The name of the locator and the locator’s
mailing address;
(b) The name of the mine or mining claim of which
the locator is the proprietor, or the name of the mill or reduction works of
which the locator is the owner;
(c) The date of the location; and
(d) The number of feet or acres claimed; and
2. Marking the boundaries of his or her
claim in the same manner as provided in this chapter for the marking of the
boundaries of a placer claim, so far as applicable thereto.
[16:89:1897; C § 223; RL § 2437; NCL § 4135]—(NRS A
1971, 2201; 1985,
1499)
NRS 517.140 Certificate of location: Recording; contents; effect of
insufficiency.
1. Within 90 days after the date of his or
her location, the locator of a claim or location of a mill site shall record
his or her location with the county recorder of the county in which the location
is situated, by duplicate certificates of location.
2. When the locator records his or her
certificates of location the locator shall file two copies of a map not to
exceed 3 feet by 4 feet and pay the filing fees which comply with the
requirements set forth in NRS 517.040 and 517.050.
3. Any record of a location of a mill site
which does not contain the name of the locator, the name of the mine or mining
claim of which the locator is the proprietor, or the name of the mill or
reduction works of which the locator is the owner, the number of feet or acres
claimed, and a description which identifies the claim with reasonable certainty
is void.
[17:89:1897; C § 224; RL § 2438; NCL § 4136] +
[18:89:1897; C § 225; RL § 2439; NCL § 4137]—(NRS A 1971, 2201; 1983, 1611; 1985, 1500)
Tunnel Rights
NRS 517.150 Requirements for location. The
locator of a tunnel right or location shall locate his or her tunnel right or
location by posting a notice of location at the face or point of commencement
of the tunnel, which notice must contain:
1. The name of the locator and the
locator’s mailing address.
2. The date of the location.
3. The proposed course or direction of the
tunnel.
4. The height and width thereof.
5. The position and character of the
boundary monuments.
6. A description of the tunnel by
reference to a natural landmark or a readily identifiable artificial landmark
which identifies the claim or tunnel right.
[19:89:1897; C § 226; RL § 2440; NCL § 4138]—(NRS A
1971, 2202; 1985,
1500)
NRS 517.160 Definition of boundaries; erection of monuments.
1. Within 60 days after the posting of the
notice of location, the locator of a tunnel right or location shall define the
boundaries of the tunnel by monuments placed at intervals of not more than 300
feet from the face or point of commencement of the tunnel to the terminus of
3,000 feet therefrom.
2. The monuments must be of the same size
and character as those provided for lode or placer claims in this chapter.
[20:89:1897; C § 227; RL § 2441; NCL § 4139]—(NRS A 1985, 1500)
NRS 517.170 Recording of certificate of location; filing of map; effect of
insufficiency.
1. Within 90 days from the date of the
location, the locator of a tunnel right or location shall record his or her
location with the county recorder of the county in which the location is
situated.
2. When the locator records his or her
certificate of location the locator shall file two copies of a map that
complies with the requirements set forth in NRS 517.040.
3. Any record of a tunnel right or
location which does not contain all the requirements named in this section is
void.
[21:89:1897; C § 228; RL § 2442; NCL § 4140]—(NRS A
1971, 2202; 1985,
1500)
NRS 517.180 Location of blind or unknown lode or vein in tunnel. All blind lodes, or veins or lodes not
previously known to exist, discovered in a tunnel run for the development of a
vein or lode, or for the discovery of mines, and within 3,000 feet from the
face of such tunnel, shall be located upon the surface and held in like manner
to other lode claims under the provisions of this chapter.
[22:89:1897; C § 229; RL § 2443; NCL § 4141]
General Provisions
NRS 517.185 Fee for each document filed; disposition.
1. In addition to any recording fee, each
filing pursuant to NRS 517.050, 517.080, 517.110, 517.140, 517.170, 517.200 and 517.230 must
be submitted with a filing fee in an amount established pursuant to subsection
2. The county recorder shall collect the filing fee and, on or before the fifth
working day of each month, deposit with the county treasurer all such fees
collected during the preceding month. The county treasurer shall quarterly pay
the money collected to the Division. The Division shall deposit with the State
Treasurer, for credit to the Account for the Division of Minerals created
pursuant to NRS 513.103, all money
received pursuant to this section.
2. The Commission on Mineral Resources
shall, by regulation, establish the filing fee required pursuant to subsection
1 in an amount not to exceed $6 per claim.
(Added to NRS by 1985, 1494; A 1989, 1595; 1991, 1780; 1993, 298, 1686; 1995, 579; 1999, 891, 3629; 2001, 66)
NRS 517.190 Notice of location: Filing; evidentiary effect. A locator of a mining claim or a claim for a
mill site or tunnel right may file with the county recorder a notice of
location which is prima facie evidence in all courts of justice of the first
location of that claim.
[Part 3:89:1897; A 1907, 418; 1941, 92; 1931 NCL §
4122]—(NRS A 1985,
1501)
NRS 517.195 Separate notices and certificates of location; effect of
combining locations in notice or certificate.
1. A locator shall:
(a) Post a separate notice of location; and
(b) Record a separate certificate of location,
Ê for each
location of a lode or placer claim or of a claim for a mill site or tunnel
right.
2. Where a notice or certificate of
location includes more than one location, it is void as to all locations except
the first described in the notice or certificate. If the descriptions are
combined so that it cannot be determined from the notice or certificate which
location is described first, the notice or certificate is void as to all of the
locations.
(Added to NRS by 1985, 1493)
NRS 517.200 Validation of defective certificate of location or change of
boundaries: Filing of amended certificate of location; effect of amendment;
correction of common error.
1. If at any time the locator of any
mining claim located before, on or after March 16, 1897, or the locator’s
assigns, apprehends that the locator’s original certificate of location was
defective or erroneous, or that the requirements of the law had not been
complied with before filing, or if he or she is desirous of changing his or her
surface boundaries or of taking in any part of an overlapping claim which has
been abandoned, or in case the original certificate of location was made before
March 16, 1897, and he or she is desirous of securing the benefits of this chapter,
the locator, or the locator’s assigns, may file an amended certificate of
location, subject to the provisions of this chapter, if the amendment does not
interfere with the existing rights of others at the time of the amendment.
2. The amendment or the record thereof
does not preclude the claimant from proving any title the claimant held under
previous locations.
3. Where a common error occurs in more
than one certificate of location, the locator may record one document which
describes the error, makes reference to the claims by name and the date, book
and page of recording and states the desired amendment.
[6:89:1897; C § 213; RL § 2427; NCL § 4125]—(NRS A
1969, 498; 1985,
1501)
NRS 517.210 Survey of location: Evidentiary effect of field notes and
surveyor’s certificate. Where a
locator, or a locator’s assigns, has the boundaries and corners of his or her
claim established by a United States Mineral Surveyor, or a licensed surveyor
of this state, and his or her claim connected with a corner of the public or
minor surveys of an established initial point, and incorporates into the record
of the claim the field notes of the survey, and attaches to and files with the
certificate of location a certificate of the surveyor setting forth:
1. That the survey was actually made by
the surveyor, giving the date thereof;
2. The name of the claim surveyed and the
location thereof; and
3. That the description incorporated in
the declaratory statement is sufficient to identify,
Ê the survey
and certificate become a part of the record, and the record is prima facie
evidence of the facts therein contained.
[8:89:1897; C § 215; RL § 2429; NCL § 4127]—(NRS A 1985, 1502)
NRS 517.213 Inclusion of patented mines and mining claims on county map; conformity
of discrepancy between county map and record of survey showing location of mine
or claim; duty of county recorder to provide map to county assessor.
1. The county recorder shall include all
patented mines and mining claims in the county on the county map of mining
claims in a manner which clearly distinguishes the patented mines and mining
claims from the unpatented claims.
2. When a record of survey filed with the
county by a registered surveyor shows the location of a patented mine or mining
claim, the county recorder shall conform the county map to the record of survey
if there is any discrepancy between the two maps concerning the location of the
mine or claim.
3. A county recorder who records a map
pursuant to this section shall, within 7 working days after the county recorder
records the map, provide to the county assessor at no charge:
(a) A duplicate copy of the map and any
supporting documents; or
(b) Access to the digital map and any digital
supporting documents. The map and supporting documents must be in a form that
is acceptable to the county recorder and the county assessor.
(Added to NRS by 1985, 1494; A 1989, 50; 2001, 1566; 2003, 2792)
NRS 517.215 Comparison of record of survey to county map of other claims;
proposal to change map; notice; hearing.
1. When a record of survey filed with the
county recorder by a professional land surveyor shows the location of a mining
claim, the county recorder shall compare that record of survey to the county
map of mining claims and ascertain whether the location of the claim is
accurate according to the record of survey.
2. If the county map inaccurately shows
the location of the claim, the county recorder shall propose a change to the
county map and mail a notice to all persons whose claims would be affected by
the proposed change.
3. The notice must include:
(a) A description of the proposed change; and
(b) A statement advising the owner of the claim
that the proposed change will be made unless the owner makes a written request
to the county recorder for a hearing within 30 days.
4. If a request for a hearing is not
received by the county recorder within 30 days after he or she mailed the
notice, the county recorder shall make the proposed change to the county map.
5. Upon receipt of a request for a hearing
the county recorder shall request the board of county commissioners to hold a
hearing on the proposed change.
6. Upon receipt of such a request the
board of county commissioners shall, after notifying the county recorder and
the owner of the mining claim at least 30 days in advance, hold a hearing and
determine whether the proposed change is to be made.
(Added to NRS by 1985, 1494; A 1989, 797)
NRS 517.230 Affidavit of work performed or improvements made; affidavit of
owner or claimant; evidentiary effect of affidavits.
1. On or before November 1 of the year for
which labor is performed or improvements are made as required by law for a
mining claim annually, the person in whose behalf the labor was performed or
improvements made, or someone in the person’s behalf, shall make and have
recorded by the county recorder, in books kept for that purpose in the county
in which the mining claim is situated, an affidavit setting forth:
(a) The amount of money expended, or value of
labor or improvements made, or both.
(b) The character of expenditures or labor or
improvements.
(c) A description of the claim or part of the
claim affected by the expenditures or labor or improvements.
(d) The year for which the expenditures or labor
or improvements were made and the dates on which they were made.
(e) The name of the owner or claimant of the
claim at whose expense the improvements or labor was made or performed.
(f) The names of the persons, corporations,
contractors or subcontractors who performed the work or made the improvements.
2. An affidavit made and recorded pursuant
to subsection 1 or a copy thereof, certified by the county recorder, is prima
facie evidence of the performance of the labor or the making of the
improvements, or both.
3. On or before November 1 of each year
that the performance of labor or the making of improvements is not required by
law for a mining claim, the owner or claimant of the mining claim who intends to
hold the claim, or someone in the owner or claimant’s behalf, shall make and
have recorded by the county recorder, in books kept for that purpose in the
county in which the mining claim is situated, an affidavit setting forth:
(a) The name and address of the owner or claimant
of the mining claim.
(b) The name of the mining claim, and the serial
number, if any, assigned to the claim by the United States Bureau of Land
Management.
(c) The date that the affidavit was made.
(d) A statement that the owner or claimant of the
mining claim intends to hold the claim.
4. An affidavit made and recorded pursuant
to subsection 3 or a copy thereof, certified by the county recorder, is prima
facie evidence that the owner or claimant of the mining claim intended to hold
the claim from 12 p.m. on September 1 of the year before the affidavit was made
and recorded, until 11:59 a.m. on September 1 of the year that the affidavit
was made and recorded.
[10:89:1897; C § 217; RL § 2431; NCL § 4129]—(NRS A
1960, 319; 1961, 422; 1969, 1003; 1971, 2202; 1985, 1502; 1993, 299)
NRS 517.280 Certificates of location need not be sworn to; no required form. Certificates of location need not be sworn to,
and are not required to be in any specified form nor to state facts in any
specific order, but must truly state the required facts.
[24:89:1897; added 1899, 93; C § 231; RL § 2445; NCL
§ 4143]—(NRS A 1961, 422)
NRS 517.290 Applicability of NRS 517.010 to 517.280,
inclusive. The provisions of NRS 517.010 to 517.280,
inclusive, shall be construed as equally applicable to all classes of
locations, except where the requirement as to any one class is manifestly
inapplicable to any other class or classes.
[23:89:1897; C § 230; RL § 2444; NCL § 4142]
NRS 517.300 Unlawful acts; penalties.
1. A person who willfully antedates or
puts any false date or date other than the one on which the location is made
upon any notice of location of any mining claim in this state is guilty of a
category D felony and shall be punished as provided in NRS 193.130.
2. A person who willfully and knowingly
makes a false material statement on the certificate of location or on any map
required by this chapter is guilty of a category D felony and shall be punished
as provided in NRS 193.130.
[1911 C&P § 410; RL § 6675; NCL § 10362]—(NRS A
1971, 2203; 1979, 1484; 1985, 1502; 1995, 1303)
EFFECT OF PREVIOUSLY RECORDED DOCUMENTS; CONVEYANCES
NRS 517.350 Written instruments recorded in office of county recorder before
February 20, 1873, deemed to impart notice to subsequent purchasers and
encumbrancers. All instruments of
writing relating to mining claims copied into books of mining records or other
records in the office of the county recorders of the several counties prior to
February 20, 1873, shall, after February 20, 1873, be deemed to impart to
subsequent purchasers and encumbrancers and all other persons whomsoever notice
of the contents thereof. Nothing contained in this subsection shall be
construed to affect any rights acquired or vested prior to February 20, 1873.
[1:20:1873; B § 320; BH § 2664; C § 2736; RL § 1635;
NCL § 2136] + [2:20:1873; B § 321; BH § 2665; C § 2737; RL § 1636; NCL §
2137]—(NRS A 1971, 810)
NRS 517.360 Records of mining claims, mill sites or tunnel rights made by
mining district recorder or county recorder before March 16, 1897, declared
valid; evidentiary effect of record.
1. All records of lode or placer mining
claims, mill sites or tunnel rights made by any mining district recorder or any
county recorder prior to March 16, 1897, are hereby declared to be valid and to
have the same force and effect as records made in pursuance of the provisions
of NRS 517.010 to 517.280,
inclusive.
2. Any such record, or a copy thereof duly
verified by a mining district recorder or duly certified by a county recorder,
shall be prima facie evidence of the facts therein stated.
[Part 3:89:1897; A 1907, 418; 1941, 92; 1931 NCL §
4122]
NRS 517.370 Conveyances of mining claims: Formalities; construction and
proof of conveyances before December 12, 1862.
1. After December 12, 1862, conveyances of
mining claims shall require the same formalities and shall be subject to the
same rules of construction as the transfers and conveyances of other real
property.
2. All conveyances of mining claims made
prior to December 12, 1862, by bills of sale or other instruments in writing,
with or without seals, recorded or unrecorded, shall be construed in accordance
with the lawful local rules, regulations and customs of the miners in the
several mining districts of the Territory of Nevada; and if, prior to December
12, 1862, regarded as valid and binding in such mining districts, shall have
the same force and effect between the parties thereto, as prima facie evidence
of sale, as if such conveyances had been made by deed under seal.
3. The location and transfers of mining
claims made prior to December 12, 1862, shall be established and proved in
contestation before courts by the local rules, regulations and customs of the
miners in the several mining districts of the Territory of Nevada in which such
location and transfers were made.
[1:14:1862; B § 307; BH § 2650; C § 2720; RL § 1100;
NCL § 1561] + [2:14:1862; B § 308; BH § 2651; C § 2721; RL § 1101; NCL § 1562]
+ [3:14:1862; B § 308; BH § 2652; C § 2722; RL § 1102; NCL § 1563]
NRS 517.380 Validity of previous conveyances of mining claims or locations
by minors more than 18 years of age. In
all cases in this state since July 1, 1867, where minors over the age of 18
years have sold interests acquired by them in mining claims or locations within
this state, by virtue of their having located such claims, or having been
located therein by others, and have executed deeds purporting to convey such
interests, such deeds, if otherwise sufficient in law, shall be held valid and
sufficient to convey such interest fully and completely, notwithstanding the
minority of the grantor, and without any power or right of subsequent
revocation. This section does not apply to cases where any fraud was practiced
upon such minor, or any undue or improper advantage was taken by the purchaser
or any other person to induce such minor to execute such deed.
[1:49:1869; B § 317; BH § 2653; C § 2723; RL § 1103;
NCL § 1564] + [2:49:1869; B § 318; BH § 2654; C § 2724; RL § 1104; NCL §
1565]—(NRS A 1973, 1579)
SALES BY COUNTIES OF PATENTED MINING CLAIMS
NRS 517.390 Affidavit and petition to explore and develop mine or claim.
1. Whenever a patented mine or mining
claim has become the property of a county through operation of the revenue laws
of this state, any citizen of the United States may file with the board of
county commissioners of such county an affidavit and petition to explore and
develop the mine or claim, provided the mine or claim has been the property of
the county for less than 1 year, at the time of such filing.
2. The affidavit and petition shall state:
(a) That the petitioner is a citizen of the
United States.
(b) That there is belonging to the county, as
shown by the official records thereof, a patented mine or mining claim,
sufficiently identifying it, which has become the property of the county
through operation of the revenue laws of this state.
(c) The amount of the tax, penalties and costs,
if any, for which the mine or claim became the property of the county.
(d) That it is the petitioner’s bona fide
intention to explore and develop the mine or claim.
[Part 1:44:1933; A 1935, 25; 1945, 351; 1943 NCL §
4309]—(NRS A 1971, 76; 1989, 50)
NRS 517.400 Determination of amount of taxes, penalties and costs. After March 7, 1947, the amount or sum for
which a patented mine or mining claim became the property of the county is
hereby defined to mean 1 year’s taxes, plus penalties and costs.
[Part 1(a):44:1933; added 1947, 46; 1943 NCL §
4309.01]—(NRS A 1989,
50)
NRS 517.410 Permission to explore and develop claim; limitations.
1. Upon receipt of an affidavit and
petition as required by NRS 517.390, the board of
county commissioners, by an order appearing in its minutes, may give such
petitioner permission to enter upon any such claim or claims and explore the
same for valuable minerals for a period of 6 months without any charge
therefor.
2. No ore or valuable mineral, in excess
of 500 pounds, shall be removed from any mining claim or claims until title
thereto shall have been acquired by the petitioner as provided in NRS 517.420.
[Part 1:44:1933; A 1935, 25; 1945, 351; 1943 NCL §
4309]
NRS 517.420 Execution of deed to convey title to petitioner; consideration
and limitations; disposition of proceeds of sale.
1. At the expiration of 6 months, or
sooner if the petitioner so desires, the county treasurer shall make and
execute a deed conveying the title of the county to such mine or claim to the
petitioner for the sum for which the property became the property of the
county.
2. A deed shall not be executed for any
less number of mines or claims than the number named in the 6 months’
prospecting permit referred to in NRS 517.410.
3. All money received from the sale of
such patented mines or mining claims must be credited to the county’s general
fund.
[Part 1:44:1933; A 1935, 25; 1945, 351; 1943 NCL §
4309]—(NRS A 1965, 124; 1971, 76; 1989, 51)
NRS 517.430 Renewal of prospecting permits: Limitations and extensions.
1. No person or agent of any person shall
be granted a new prospecting permit upon the same claims, or any of them, under
the provisions of NRS 517.390 to 517.430, inclusive:
(a) If such claims, or any of them, at the time
of any subsequent application, have been the property of the county for a year
or more.
(b) Until 30 days shall have elapsed between the
date of the termination of the former prospecting permit and the date of
application for a subsequent permit.
2. If at the time of the expiration of a
prospecting period actual development work, by drilling or otherwise, is being
carried on, then the board of county commissioners shall, upon application,
grant an additional 6 months’ prospecting period to the same applicant or
applicants.
[Part 1:44:1933; A 1935, 25; 1945, 351; 1943 NCL §
4309]—(NRS A 1971, 76)
NRS 517.450 Sale of mine or claim not subject to prospecting permit:
Affidavit and petition.
1. Whenever a patented mine or mining
claim has been, for a year or more, the property of a county through operation
of the revenue laws of this state and no prospecting permit granted under the
provisions of NRS 517.410 or 517.430
is in force with respect to the mine or claim, any citizen of the United States
may file with the board of county commissioners of the county an affidavit and
petition to have the mine or claim advertised for sale to the highest bidder.
2. The affidavit and petition must state:
(a) That the petitioner is a citizen of the
United States.
(b) That for the past year or more there has
belonged to the county, as shown by the official records thereof, a patented
mine or mining claim, sufficiently identifying it, which has become the
property of the county through operation of the revenue laws of this state.
(c) That no prospecting permit granted under the
provisions of NRS 517.410 or 517.430
is in force with respect to the mine or claim.
(d) The amount of the tax, penalties and costs,
if any, for which the mine or claim became the property of the county.
(Added to NRS by 1971, 77; A 1989, 51)
NRS 517.460 Sale of mine or claim not subject to prospecting permit: Order
for and notice of sale; conveyance to purchaser; disposition of proceeds.
1. Upon receipt of an affidavit and
petition as required by NRS 517.450, the board of
county commissioners, by an order appearing in its minutes, shall direct the
county treasurer to sell the patented mine or mining claim described in the
affidavit and petition, after giving notice of the sale, for a total amount not
less than the amount of the taxes, costs, penalties and interest legally
chargeable against the mine or claim so stated in the order.
2. Notice of the sale must be posted in at
least three public places, including one at the courthouse and one on each
claim, for a period of not less than 20 days before the day of sale or, in lieu
of such posting, by publication of such notice for a like period in some
newspaper published within the county, if the board of county commissioners by
its order so directs.
3. Upon compliance with the order the
county treasurer shall make, execute and deliver to any purchaser, upon payment
to the county treasurer of a consideration not less than that specified in the
order, a deed conveying the title of the county to the mine or claim.
4. All moneys received from the sale of
such patented mines or mining claims must be credited to the county’s general
fund.
(Added to NRS by 1971, 77; A 1989, 51)
