Staking Mining Claims

There can be no healthy mining industry without a secure and fair system of land tenure and staking of mining claims. A system where people determine the ownership of a carload of ore by trading gunfire until one or the other gives up is effective enough, but dangerous to the public peace. Much better are systems under which the law determines the ownership of mineral rights.

The first concern of any successful minefinder is to be assured of the benefits from his efforts. Mineral laws enable the prospector to do just that.

Although these laws vary from one country to the next, many of the same principles apply. In most countries, the intent and spirit of the law is:

• to secure for persons and companies the exclusive right to pursue development of a mineral discovery;
• to protect the public interest;
• to encourage exploration and prevent owners from tying up ground without exploring it — to use it or lose it;
• to provide the means where by disputes may be settled quickly and at minimum expense.

There are two widespread systems. Claim staking is a system that allows a prospector — whether an individual or a company — to establish a right to mine in a certain area. It is the usual way of establishing mining rights in countries with legal systems deriving from English common law. In some places it is done by placing physical marks or monuments on the land itself, and then reporting the act of staking to the government.

Other jurisdictions allow “map staking,” where the prospector simply applies for the right to mine an area without physically staking the ground. In either case, the prospector gets the right to the mineral resources of the land only if he is the first to apply for them.