Locator
The person who physically stakes and locates a mining claim on public lands, who may or may not be the claimant of record.
Detailed Definition
A locator is the person who physically stakes and locates a mining claim on public lands by marking the boundaries, posting the location notice, and making the mineral discovery. The locator may or may not be the same person as the claimant of record.
Role of the locator: - Identifies the mineral deposit or prospective area - Determines the claim boundaries based on the type of claim and applicable law - Physically stakes the claim by setting monuments at corners and the discovery point - Posts the location notice at the discovery monument - Initiates the claim filing process
Locator vs. claimant: - The locator is the person who performs the physical act of location - The claimant is the person or entity recorded as the owner of the claim - In many cases, the locator and claimant are the same person - A locator may locate claims on behalf of another party (the claimant) - An agent or employee can act as locator for a company or individual
Locator requirements: - Must be a U.S. citizen or have declared intent to become one (under traditional mining law) - Must act in good faith with intent to develop minerals - Must comply with state and federal staking requirements - Must make or participate in a mineral discovery
Multiple locators: A claim may have multiple co-locators, each of whom participated in the location. Co-locators share the possessory rights to the claim.
Legal significance: The locator's acts of physical staking and discovery establish the initial rights to the claim and fix the location date, which determines seniority against other claims.
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.
Claim Staking
The physical and legal process of establishing a mining claim, including monumentation, posting notices, and filing with authorities.
Discovery
The finding of a valuable mineral deposit within the boundaries of a mining claim, required to establish a valid claim.
Claimant
The individual or entity that has located and filed a mining claim and holds the right to extract minerals from the claimed land.