N.Y. Public Lands Law 82 – Notice of discovery; filing; fee; bounty to discoverer; royalty to state
§ 82. Notice of discovery; filing; fee; bounty to discoverer; royalty to state. 1. Any person discovering a mine or deposit of gold or silver in or upon private lands within this state, and any citizen of the United States discovering a mine or deposit of any mineral in or upon state lands may work the same subject to the provisions of this article but not until he files written notice of such discovery with the secretary of state, which notice shall be indexed and registered in a permanent record to be kept by such secretary, describing particularly the nature and situation of such mine or minerals.
Terms Used In N.Y. Public Lands Law 82
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Filer: means the person filing a notice of discovery, or his heirs, distributees, representatives or successors in interest. See N.Y. Public Lands Law 80
- Gold mine: means a mineral deposit in which the total sales value of the gold is more than fifty per centum of the value of all other minerals associated or occurring with the gold in the mine. See N.Y. Public Lands Law 80
- Minerals: means all minerals and rocks, more particularly any inorganic substance which can be extracted from the earth, excepting gas, oil and water. See N.Y. Public Lands Law 80
- Oath: A promise to tell the truth.
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Silver mine: means a mineral deposit in which the total sales value of the silver is more than fifty per centum of the value of all other minerals associated or occurring with the silver in the mine. See N.Y. Public Lands Law 80
- State lands: means all lands now or hereafter owned by the state of New York except lands in the forest preserve as defined by § 63 of the conservation law. See N.Y. Public Lands Law 80
2. Notices filed pursuant to this section shall be in such form as the secretary of state shall prescribe and shall contain, among other things, the following information:
(a) The name and address of the filer.
(b) The name of the owner of the land.
(c) An accurate description together with a map made on tracing cloth with india ink of the land against which the notice is filed, in form sufficient for the convenient location of the land, which land shall, so far as practicable, be of equal length and width and shall comprise not more than forty acres.
(d) A statement subscribed by the filer and affirmed by him to be true under the penalties of perjury that he has read or knows the provisions of this article and is familiar with the conditions to be by him performed precedent to the acquisition, continuation and preservation of any rights flowing from his filing of such notice.
3. A fee of fifty dollars shall be paid to the secretary of state with each such notice.
4. The filer shall have the sole benefit of minerals extracted from a mine or deposit on state land on the payment to the state of such annual rental and such royalty as the commissioner shall deem reasonable and proper provided, however, that the minimum royalty shall not be less than two per centum of the market value of all such minerals. The filer shall be exempted from paying a royalty to the people of the state on the market value of all gold and silver extracted from a gold mine or a silver mine on private lands for a term of five years under notices of discovery filed on or after April sixteen, nineteen hundred forty-five, to be computed from the date of filing of the notice of discovery; and after the expiration of such term, the filer shall pay to the people of the state a royalty of one per centum of the market value of such products.
A statement of all minerals extracted from the premises covered by notice of discovery, together with the market value thereof, shall be made within six months from the time such products shall first be extracted, and semi-annually thereafter, under oath, to the commissioner, and payments of such royalty shall be made semi-annually to the commissioner at the time of making of such statement of minerals extracted. Such payments of royalty shall thereafter be transmitted to the state department of taxation and finance by the commissioner. Any wilful falsehood in the contents of such statement made by the filer to the commissioner shall work a forfeiture to the state of the value of the whole amount extracted during the period covered by such statement and he shall be immediately liable to the state for payment of said amount. Upon failure to make the statement of minerals extracted, when due, and the payments of royalty, when due, the commissioner may terminate all rights to explore and mine in the manner hereinafter provided. From time to time the legislature may provide for a different rate of compensation to be paid to the state or for other conditions or standards governing the exercise of the right to explore for or mine minerals on state lands or gold and silver on private lands.
5. The filer shall immediately notify the secretary of state of any change in his address or of his interest in his rights under his notice of discovery, the manner in which such change of interest is effected, and the name and address of any successor or successors to his interest, in whole or in part. Such notice shall be in writing and duly sworn to. In the event no such notice is received by the secretary of state, any notice of default as herein provided for, mailed by the secretary of state to the filer at the last known address, shall be binding upon all parties in interest for all purposes.