30 U.S.C. § 26
Section 26 · Locators rights of possession and enjoyment
Applied in 101 court decisions — leading case United States v. Locke (1985)
Most recently applied in Earthworks v. DOI (June 2024)
Cases citing this section usually also cite 30 U.S.C. § 22 · 30 U.S.C. § 612 · 30 U.S.C. § 29
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
The locators of all mining locations made on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim existed on the 10th day of May 1872 so long as they comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations. But their right of possession to such outside parts of such veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as above described, through the end lines of their locations, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges. Nothing in this section shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Codification
R.S. §2322 derived from act May 10, 1872, ch. 152, §3, 17 Stat. 91.
Promotion of Mining
See Promotion of Mining note set out under section 22 of this title.
Cross References
Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title.
National forests, locators’ rights, see sections 482a, 482b, 482e, 482h, 482h–1, 482j, 482n and 482o of Title 16, Conservation.
Preservation and management of National Park System mining areas, see section 1902 of Title 16.