Abandonment
The voluntary relinquishment of a mining claim, demonstrated by intent to abandon combined with an act of abandonment.
Detailed Definition
Abandonment is the voluntary relinquishment of rights to a mining claim by the claimant. It requires both an intent to abandon and an overt act (or omission) demonstrating that intent. Abandonment extinguishes all rights to the claim.
- Intent: The claimant must intend to give up all rights to the claim
- Act or omission: Some affirmative act or failure to act that demonstrates the intent (e.g., removing improvements, failing to maintain the claim)
Evidence of abandonment: - Failure to pay annual maintenance fees or perform assessment work - Failure to file required documents with BLM - Written statements of intent to abandon - Removal of monuments and improvements - Extended absence from the claim without maintenance
Under FLPMA: The Federal Land Policy and Management Act of 1976 established that failure to timely file the required annual documents with BLM constitutes conclusive abandonment. This means: - Failure to file is deemed automatic abandonment - The claimant cannot later argue they did not intend to abandon - The land reverts to open public domain (if otherwise available)
Distinction from forfeiture: - Abandonment is voluntary and based on intent - Forfeiture is involuntary and based on failure to comply with statutory requirements - Both result in loss of the mining claim
Related Terms
Mining Claim
A parcel of land for which a claimant has asserted a right of possession and the right to develop and extract mineral resources.
Maintenance Fee
The annual fee paid to the BLM to maintain an unpatented mining claim, currently $200 per claim (2025).
FLPMA
The Federal Land Policy and Management Act of 1976, establishing BLM management standards for public lands.
Forfeiture
The involuntary loss of a mining claim due to failure to comply with statutory requirements such as annual maintenance fees or assessment work.
Annual Filing
The requirement to file proof of annual maintenance fee payment or assessment work with the BLM and county recorder each year to maintain a mining claim.
Closed Claim
A mining claim that is no longer active, having been abandoned, forfeited, voided, or patented.