Property Rights: Miners’ Rights on Public Land Gain Support in Ninth Circuit

The Ninth Circuit U.S. Court of Appeals has sided with a miner in a feud between the miner and the U.S. Forest Service. In interpreting the Mining Law of 1872 and the 1955 Multiple Use Act, the court ruled that the Forest Service could not kick a miner off his claim in the Tonto National Forest, and that the Forest Service may not have had justification for increasing a reclamation bond requirement.

In an opinion that recounted the history of mining laws in the United States, Circuit Judge Andrew K...

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