Void Claim

A void claim is a mining claim that has been declared invalid, either by the BLM or by a court. A void claim confers no mineral rights and the land covered by the claim is treated as if the claim never existed (void ab initio) or as if the claim has been invalidated as of a specific date.

Reasons a claim may be declared void: - Located on lands not open to mineral entry (withdrawn, reserved, or segregated) - No valid discovery of a valuable mineral deposit - Failure to meet essential location requirements - Fraud or misrepresentation in the claim filing - Located on non-federal land (state or private)

Void ab initio: A claim that is "void ab initio" (void from the beginning) was never valid because it was defective from the outset. For example, a claim located on withdrawn land after the withdrawal date is void ab initio, regardless of whether the claimant knew the land was withdrawn.

• Void claims: Were never valid or were declared invalid -- no rights were ever established
• Closed claims: Were once valid but were subsequently abandoned, forfeited, or patented -- rights existed but have terminated

BLM declaration of voidness: The BLM can declare a claim void through administrative proceedings, including mineral examinations, contests, and validity reviews. The claimant has the right to appeal.

Significance: Land covered by void claims is treated as open to new mineral entry (if otherwise available). Void claims are recorded with a "V" disposition code in BLM records.