Nrs: Chapter 517 - Mining Claims, Mill Sites And Tunnel Rights

Link to law: https://www.leg.state.nv.us/NRS/NRS-517.html
Published: 2015

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[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)