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30 U.S.C. § 35

Section 35 · Placer claims; entry and proceedings for patent under provisions applicable to vein or lode claims; conforming entry to legal subdivisions and surveys; limitation of claims; homestead entry of segregated agricultural land

Amended 1 time on record

Applied in 39 court decisions — leading case Baker v. United States (1980)

Most recently applied in Earthworks v. DOI (June 2024)

How often courts cite this section

189119001925195019752000202440ch. 561enacted · 1891 · ch. 561Baker v. United Statesleading · 1980 · Baker v. United States
citing decisions per year

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.

Claims usually called “placers,” including all forms of deposit, excepting veins of quartz, or other rock in place, shall be subject to entry and patent, under like circumstances and conditions, and upon similar proceedings, as are provided for vein or lode claims; but where the lands have been previously surveyed by the United States, the entry in its exterior limits shall conform to the legal subdivisions of the public lands. And where placer claims are upon surveyed lands, and conform to legal subdivisions, no further survey or plat shall be required, and all placer-mining claims located after the 10th day of May 1872, shall conform as near as practicable with the United States system of public-land surveys, and the rectangular subdivisions of such surveys, and no such location shall include more than twenty acres for each individual claimant; but where placer claims cannot be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands; and where by the segregation of mineral land in any legal subdivision a quantity of agricultural land less than forty acres remains, such fractional portion of agricultural land may be entered by any party qualified by law, for homestead purposes.

Editorial notes U.S. Code · Office of the Law Revision Counsel

Codification

R.S. §2329 derived from act July 9, 1870, ch. 235, §12, 16 Stat. 217.

R.S. §2331 derived from act May 10, 1872, ch. 152, §10, 17 Stat. 94.

Submerged Lands Act

Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands.

Cross References

Alaska, mining laws relating to placer claims extended to, see section 49b of this title.

Building stone lands, see section 161 of this title.

Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title.

Saline lands, see section 162 of this title.

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