30 U.S.C. § 41
Section 41 · Intersecting or crossing veins
Applied in 2 court decisions — leading case Mills v. United States (2014)
Most recently applied in Mills v. United States (January 2014)
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.
Where two or more veins intersect or cross each other, priority of title shall govern, and such prior location shall be entitled to all ore or mineral contained within the space of intersection; but the subsequent location shall have the right-of-way through the space of intersection for the purposes of the convenient working of the mine. And where two or more veins unite, the oldest or prior location shall take the vein below the point of union, including all the space of intersection.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Codification
R.S. §2336 derived from act May 10, 1872, ch. 152, §14, 17 Stat. 96.