Stake
The act of physically marking the boundaries of a mining claim on the ground by placing monuments at the corners and along the boundaries.
Detailed Definition
Staking is the act of physically marking the boundaries of a mining claim on the ground by placing monuments (posts, stones, or markers) at the corners and along the boundaries. Under federal mining law, staking is the first step in establishing a valid mining claim on public lands.
Requirements for staking: - Erect a discovery monument at the point of mineral discovery - Place corner monuments at each corner of the claim to define boundaries - Monuments must be visible and durable - State requirements vary for monument specifications (height, diameter, materials)
Process: 1. Identify the point of mineral discovery 2. Determine claim boundaries based on claim type (lode or placer) 3. Erect the discovery monument 4. Set corner monuments at each corner 5. Post the location notice on the discovery monument 6. Record the claim with the county and BLM
Legal significance: Staking establishes the physical presence of the claim on the ground. Combined with a valid discovery, it initiates the claimant's possessory rights. The date of staking (location) determines seniority among overlapping claims. Also referred to as "staking a claim."
Related Terms
Claim Staking
The physical and legal process of establishing a mining claim, including monumentation, posting notices, and filing with authorities.
Location Notice
The official document posted at a mining claim and filed with authorities to establish claim rights.
Monument
A physical marker placed at a survey corner to permanently identify the location on the ground.
Paper
The act of posting and affixing the certificate of location (location notice) to the discovery monument on a mining claim.