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Compliance With Group Assessment Requirements

H. Vearle Payne, Proceedings of 7th Annual Rocky Mountain Mineral Law Institute (1962)

This paper is restricted to a discussion of annual assessment work on lode mining claims. The subject relates to a portion of Section 28 of Title 30 of the United States Code. This Section, except for that portion which deals with the time for performing the annual work on mining claims and the part dealing with the rights and liabilities of parties who drive a tunnel to develop a lode, is derived from the Act of May 10, 1872.1 The part with which we are here concerned has been substantially the same since its enactment. It reads as follows:

On each claim located after the passage of this act, and until a patent shall have been issued therefor, not less than $100 worth of labor shall be performed or improvements made during each year. On all claims located prior to the passage of this act, $10 worth of labor shall be performed or improvements made each year for each one hundred feet in length along the vein until a patent shall have been issued therefor; but where such claims are held in common such expenditure may be made upon any one claim; and upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made: Provided, That the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after suc