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United States v. Rizzinelli

United States District Court for the District of Idaho

182 F. 675 (1910)

Relevant factsFree

Several mining-claim locators (defendants) were fined for running saloons on their mining claims within a national forest without a federal permit. They argued the General Mining Law of 1872 gave them exclusive rights to use their claimed land for any purpose, including non-mining uses like saloons, and that constructing such buildings was customary and that confiscating their property rights would cause hardship. The government argued the law's grant of "exclusive enjoyment" applied only to mining-related purposes.

IssueFree

Whether, under federal mining law, a mining-claim locator's right to enjoy the claim's surface is limited to uses that are incident to mining operations.

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