Patented Claim
A mining claim that has been converted to private ownership through the federal patent process.
Detailed Definition
A patented mining claim is a claim that has been converted from public land to private ownership through the federal patent process. Patent holders receive full fee simple title to both surface and mineral rights.
Historical patent process: - Required proof of valuable mineral discovery - Demonstrated $500 worth of improvements - Completed a mineral survey - Published notice and resolved any adverse claims - Paid $2.50/acre (placer) or $5.00/acre (lode)
Rights of patent holders: - Complete fee simple ownership of land - Full surface and mineral rights - No annual maintenance requirements - Property can be sold, leased, or developed - Subject to local property taxes
Current status: A moratorium on processing new mineral patents has been in effect since 1994 through annual appropriations riders. This means: - No new patents are being issued - Existing patented claims remain valid - All new claims remain unpatented
Patented claims from the historical period continue to be bought and sold as private property.
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.
Mining Law of 1872
The foundational federal law governing the location and patenting of mining claims for hard rock minerals on public lands.
Unpatented Claim
A mining claim that has not been converted to private ownership; the federal government retains title to the land.