This text of New York § 83 (Entry upon lands to work mines; effect of notice) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 83. Entry upon lands to work mines; effect of notice.
1.Nothing\ncontained in this article shall affect any right heretofore granted by\nspecial act of the legislature nor affect the terms of any consent\nheretofore given by the commissioner of general services to persons\nhaving discovered deposits of minerals but any such person shall upon\nthe taking effect of this act be otherwise subject to and bound by the\nprovisions of this article; nor give any person a right to enter upon or\nbreak up the lands of any other persons, or of the state, or to work any\nmine in such lands, unless and until there shall have been recorded in\nthe office of the clerk of the county in which such lands are located or\nof the register, if the recording officer in such county is a register,\nthe writt
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§ 83. Entry upon lands to work mines; effect of notice. 1. Nothing\ncontained in this article shall affect any right heretofore granted by\nspecial act of the legislature nor affect the terms of any consent\nheretofore given by the commissioner of general services to persons\nhaving discovered deposits of minerals but any such person shall upon\nthe taking effect of this act be otherwise subject to and bound by the\nprovisions of this article; nor give any person a right to enter upon or\nbreak up the lands of any other persons, or of the state, or to work any\nmine in such lands, unless and until there shall have been recorded in\nthe office of the clerk of the county in which such lands are located or\nof the register, if the recording officer in such county is a register,\nthe written and duly acknowledged consent of the owner thereof, or when\nthe lands belong to the state, a certified copy of the consent given by\nthe commissioner pursuant to subdivision two of section eighty-one of\nthis article, upon such terms and conditions as such owner or said\ncommissioner, as the case may be, may make and specify in such consent.\nPermission to erect buildings for working mines upon state lands may be\ngiven by the commissioner, when such commissioner is satisfied that the\nerection or occupation of such buildings will not be detrimental to the\ninterests of the state. Nothing in this article shall authorize any\nperson working a mine upon state lands to cut or destroy any timber\nwhatever except such trees as it may be actually necessary to remove in\norder to uncover or to erect structures upon or make a road to such\nmine, or to provide space for such buildings and for mine tailings and\nthe like. For each tree measuring four inches or more in diameter at a\nheight of one foot from the ground, which shall be so cut, the party\noperating the mine shall pay into the state treasury the sum of one\ndollar.\n 2. The filing of notice of discovery on lands other than those\nbelonging to the state gives one so filing no right of property in such\nlands or the mines or minerals therein, nor any lien thereon. All such\nrights flow solely from the owner of such lands or those holding under\nhim except that, in the event that the mines or minerals thereon consist\nof gold or silver, all rights to explore, mine or work flow from the\nstate acting by the commissioner as in the case of lands belonging to\nthe state subject to the above said written consent of the owner.\n