Whats the difference between an unpatented gold mining property and a patented one?
Mining claims are in either of two broad categories: unpatented mineral claims and patented mineral claims. Under the Mining Law of 1872 (30 U.S.C. 21 et seq.), an unpatented claim gives a claimant a property right interest to the minerals in the claim and the right to use as much of the surface and its resources as necessary to extract the minerals. The Mining Law of 1872 also establishes a process by which a claimant may bring a claim to patent. When patented, actual ownership of the minerals and usually the surface resources pass from the United States to the claimant.
