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30 U.S.C. § 30 — Adverse claims; oath of claimants; requisites; waiver; stay of land office proceedings; judicial determination of right of possession; successful claimants’ filing of judgment roll, certificate of labor, and description of claim in land office, and acreage and fee payments; issuance of patents for entire or partial claims upon certification of land office proceedings and judgment roll; alienation of patent title
Federal law — U.S. Code and appendices · legal_authorities
Where an adverse claim is filed during the period of publication, it shall be upon oath of the person or persons making the same, and shall show the nature, boundaries, and extent of such adverse claim, and all proceedings, except the publication of notice and making and filing of the affidavit thereof, shall be stayed until the controversy shall have been settled or decided by a court of competent jurisdiction, or the adverse claim waived. It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim. After such judgment shall have been rendered, the party entitled to the possession of the claim, or any portion thereof, may, without giving further notice, file a certified copy of the judgment roll with the register of the land office, together with the certificate of the Director of the Bureau of Land Management that the requisite amount of labor has been expended or improvements made thereon, and the description required in other cases, and shall pay to the register $5 per acre for his claim, together with the proper fees, whereupon the whole proceedings and the judgment roll shall be certified by the register to the Director of the Bureau of Land Management, and a patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the decision of the court, to rightly possess. If it appears from the decision of the court that several parties are entitled to separate and different portions of the claim, each party may pay for his portion of the claim, with the proper
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Source file: Laws/federal/codes/united-states-code/title-30/section-30-adverse-claims-oath-of-claimants-requisites-waiver-stay-of-land-office-p--8ee97252df.md
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Passage SHA-256: d1e80c63307a90582ea27a9409938a32e5dbc591e4a61fbf50bb5fa501476128
Source location: Title 30, Chapter 2, § 30; chapter-002-mineral-lands-and-regulations-in-general.md
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Where an adverse claim is filed during the period of publication, it shall be upon oath of the person or persons making the same, and shall show the nature, boundaries, and extent of such adverse claim, and all proceedings, except the publication of notice and making and filing of the affidavit thereof, shall be stayed until the controversy shall have been settled or decided by a court of competent jurisdiction, or the adverse claim waived. It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim. After such judgment shall have been rendered, the party entitled to the possession of the claim, or any portion thereof, may, without giving further notice, file a certified copy of the judgment roll with the register of the land office, together with the certificate of the Director of the Bureau of Land Management that the requisite amount of labor has been expended or improvements made thereon, and the description required in other cases, and shall pay to the register $5 per acre for his claim, together with the proper fees, whereupon the whole proceedings and the judgment roll shall be certified by the register to the Director of the Bureau of Land Management, and a patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the decision of the court, to rightly possess. If it appears from the decision of the court that several parties are entitled to separate and different portions of the claim, each party may pay for his portion of the claim, with the proper fees, and file the certificate and description by the Director of the Bureau of Land Management whereupon the register shall certify the proceedings and judgment roll to the Director of the Bureau of Land Management, as in the preceding case, and patents shall issue to the several parties according to their respective rights. Nothing herein contained shall be construed to prevent the alienation of the title conveyed by a patent for a mining claim to any person whatever.
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Federal law — U.S. Code and appendices · legal_authorities
A patent for any land claimed and located for valuable deposits may be obtained in the following manner: Any person, association, or corporation authorized to locate a claim under sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and [section 661 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section661&num=0&edition=prelim), having claimed and located a piece of land for such purposes, who has, or have, complied with the terms of sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title, and [section 661 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section661&num=0&edition=prelim), may file in the proper land office an application for a patent, under oath, showing such compliance, together with a plat and field notes of the claim or claims in common, made by or under the direction of the Director of the Bureau of Land Management, showing accurately the boundaries of the claim or claims, which shall be distinctly marked by monuments on the ground, and shall post a copy of such plat, together with a notice of such application for a patent, in a conspicuous place on the land embraced in such plat previous to the filing of the application for a patent, and shall file an affidavit of at least two persons that such notice has been duly posted, and shall file a copy of the notice in such land office, and shall thereupon be entitled to a patent for the land, in the manner following: The register of the land office, upon the filing of such application, plat, field notes, notices, and affidavits, shall publish a notice that such application has been made, for the period of sixty days, in a newspaper to be by him designated as published nearest to su
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 29
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Federal law — U.S. Code and appendices · legal_authorities
The adverse claim required by [section 30 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section30&num=0&edition=prelim) may be verified by the oath of any duly authorized agent or attorney in fact of the adverse claimant cognizant of the facts stated; and the adverse claimant, if residing or at the time being beyond the limits of the district wherein the claim is situated, may make oath to the adverse claim before the clerk of any court of record of the United States or of the State or Territory where the adverse claimant may then be, or before any notary public of such State or Territory.
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Federal law — U.S. Code and appendices · legal_authorities
If, in any action brought pursuant to [section 30 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section30&num=0&edition=prelim), title to the ground in controversy shall not be established by either party, the jury shall so find, and judgment shall be entered according to the verdict. In such case costs shall not be allowed to either party, and the claimant shall not proceed in the land office or be entitled to a patent for the ground in controversy until he shall have perfected his title.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act June 7, 1910, ch. 265, 36 Stat. 459, permitted adverse claims provided for in sections 29 and 30 of Title 30, Mineral Lands and Mining, to be filed at any time during the 60 days’ period of publication or within eight months thereafter, and adverse suits provided for in [section 30 of Title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section30&num=0&edition=prelim), to be instituted at any time within 60 days after the filing of said claims in the local land office.
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Federal law — U.S. Code and appendices · legal_authorities
Page 16
TITLE 30—MINERAL LANDS AND MINING
§ 30
Plan No. 3 of 1946, § 403, set out in the Appendix to Title
5.
See also Transfer of Functions note set out under sec-
tion 1 of this title.
§ 30. Adverse claims; oath of claimants; req-
uisites; waiver; stay of land office pro-
ceedings; judicial determination of right of
possession; successful claimants’ filing of
judgment roll, certificate of labor, and de-
scription of claim in land office, and acreage
and fee payments; issuance of patents for en-
tire or partial claims upon certification of
land office proceedings and judgment roll;
alienation of patent title
Where an adverse claim is filed during the pe-
riod of publication, it shall be upon oath of the
person or persons making the same, and shall
show the nature, boundaries, and extent of such
adverse claim, and all proceedings, except the
publication of notice and making and filing of
the affidavit thereof, shall be stayed until the
controversy shall have been settled or decided
by a court of competent jurisdiction, or the ad-
verse claim waived. It shall be the duty of the
adverse claimant, within thirty days after filing
his claim, to commence proceedings in a court
of competent jurisdiction, to determine the
question of the right of possession, and pros-
ecute the same with reasonable diligence to
final judgment; and a failure so to do shall be a
waiver of his adverse claim. After such judg-
ment shall have been rendered, the party enti-
tled to the possession of the claim, or any por-
tion thereof, may, without giving further notice,
file a certified copy of the judgment roll with
the register of the land office, together with the
certificate of the Director of the Bureau of Land
Management that the requisite amount of labor
has been ex
Source: Supplied 2024 U.S. Code historical extraction · 30 U.S.C. § 30
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