Stake
To mark the boundaries of a mining claim on the ground with posts or monuments, as federal law and the law of the state where the mining claim lies require.
Detailed Definition
To stake a mining claim is to mark its boundaries on the ground. The U.S. Bureau of Mines' Dictionary of Mining, Mineral, and Related Terms (1968) defines "staking out" as "the physical act of locating a lode or placer mining claim." State law sets what markers count.
The federal rule
The Mining Law requires that "the location must be distinctly marked on the ground so that its boundaries can be readily traced" (30 U.S.C. 28). BLM's regulations make staking part of locating a mining claim: the locator must "stake and monument the corners of a mining claim or site which meets applicable state monumenting requirements and the size limitations" for that type of mining claim or site (43 CFR 3832.11(c)(2)). BLM's "Staking a Claim" page adds that "it is BLM's policy to not use perforated or uncapped pipe as a monument."
State monument rules, examples
- Arizona: for a lode claim, "six substantial posts projecting at least four feet above the surface of the ground or by substantial stone monuments at least three feet high, one at each corner of the claim and one at the center of each end line" (A.R.S. 27-204)
- Idaho: a monument or post at each corner or angle, at least "four (4) feet in height and four (4) inches square or in diameter," marked with the mining claim name, the corner, and the direction of the boundary lines (Idaho Code 47-602)
- Montana: a blazed tree, a post "at least 4 inches square by 4 feet 6 inches in length," a set stone, or a boulder, each "marked with the name of the claim and the designation of the corner" (MCA 82-2-101)
Not every mining claim needs corner posts. BLM's brochure "Mining Claims and Sites on Federal Lands" notes that mining claims described by legal subdivision "in some states do not require the erection of corner monuments," but "all mining claims and sites must have a location or discovery monument." Oregon, for example, says placer claims taken by legal subdivision "need not be staked or monumented" (ORS 517.046).
When staking must be finished
Nevada requires corner monuments "within 60 days after posting the notice of location" (NRS 517.030(1)). Montana requires the boundaries to be marked "within 30 days after posting the notice of location" (MCA 82-2-101). Arizona requires the mining claim to be monumented "within ninety days from the time of the location" (A.R.S. 27-203(A)).
Why it matters in mining claim research
BLM's mining claim map data describes mining claims only to the quarter section. Its metadata states that "claim boundaries, as staked and monumented, are found in the accepted Notice/Certificate of Location as part of the official case file." The stakes, and the notice that describes them, show where a mining claim actually lies and where it meets its neighbors. See also Paper, Corner Monument, Witness Monument, and Location Notice.
Related Terms
Mining Claim Staking
The process of locating a mining claim on the ground under state law and recording it with the county and BLM within 90 days of the date of location.
Location Notice
The notice a locator posts on a mining claim and records with the county and BLM, giving the locators, the date of location, and a description of the ground claimed.
Monument
A physical object, such as an iron post, marked stone, or tree, that marks the location of a surveyed corner on the ground and serves as the primary evidence of its position.
Paper
Field shorthand for posting the location notice on a mining claim, the step that pairs with staking its boundaries.
Corner Monument
A post, stone, or other marker a locator sets at a corner of a mining claim to mark its boundary on the ground. Federal law requires the marking; state law sets the monuments.
Discovery Monument
The monument a locator sets at the point of discovery on a mining claim, usually carrying the posted location notice. Some states put the notice at a corner or on a location monument instead.
Staking Package
The set of maps, location notices, monument lists, and recording documents prepared before fieldwork so mining claims can be staked, posted, and recorded correctly and on time.
Locator
The person who locates a mining claim or site by staking it, posting the notice, and recording it, and who is named in the location notice. Ownership may later pass to others.