§ 15-56-204 — Establishment of possessory right to claim - Right of action against claimant

(a) When any owner or claimant of any mining claim on any of the lands subject to location as mining claims in this state under the laws of the United States shall have had possession of a claim for a period of three (3) years and shall have performed the necessary amount of annual labor or improvement to hold the claim, as required by law for the time period, such possession and labor or improvement shall be sufficient to establish his or her possessory right to the claim. (b) However, if the claimant shall have performed the necessary work for one (1) year during the specified three-year time period and shall have resumed work at any time before the rights of others intervene, then he or she shall be entitled to the possessory right to the claim. (c) No person shall maintain an action against a claimant for the recovery of a mining claim unless the action is commenced within one (1) year after his or her right of action accrues.

Legislative History

Acts 1901, No. 177, § 1, p. 330; C. & M. Dig., § 7329; Pope's Dig., § 9385; A.S.A. 1947, § 52-104.