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Mining News

Who can stake a mine claim?

Who can stake a mine claim in the United States? There are a few basic requirements that this poster neatly outlines.

Who can own and stake a mine claim in the United States?

The General Mining Act of 1872 lays down some clear outlines as to who is eligible to stake or locate a mine claim in the United States. While these rules are very clear as to who can stake a mine claim, there are no limitations as to how many claims an individual or corporate entity may locate and own.
The following individuals and entities may own, locate, and stake a mine claim:

  •  United States citizens who have reached the age of discretion in their state of residence may stake a mine claim. This age may vary from state to state, but is usually defined as the age in which someone is considered able to manage their own affairs or take responsibility for their own actions.
  • Legal immigrants who have declared their intention to become United States citizens may stake a mine claim. Filing a declaration of intention to become a United States citizen is usually done through an N-300 application.
  • A corporation organized under the laws of any state may stake a mine claim. The government generally considers a corporation to be the same as a U.S. citizen.

What about using an agent to stake a mine claim?

In addition, a designated agent may also locate and stake a mining claim on behalf of a claimant who meets one or more of the three requirements above.  This is how we can locate and stake claims on behalf of our clients.
A claimant may hold any number of claims or sites. There is occasionally some confusion about the amount of mine claims that a claimant may own due to the existence of the small miners exemption, or small miners waiver. The rule of 10 claims or less only applies to locators filing the maintenance fee waiver, but does put any limitation on the amount of claims that can be held by a corporation or individual paying annual maintenance fees.
Who can stake a mine claim? Chances are good that you can! Burgex Inc. can help you with your staking project from drafting paperwork and mapping all the way through erecting the corner posts and location monuments. Not a U.S. citizen or company? Burgex Inc. has staked many mining claims for citizens of other countries who have set up ownership through a United States corporation. Interested in having us stake a mine claim for you? Contact us today for a free estimate.