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Modern jurisprudence to determine whether a regulatory taking has occurred centers around the ad hoc factor-based test that the Supreme Court of the United States laid out in Penn Central Transp. Co. v. New York City (1978). Courts are to consider the economic impact of the governmental regulation, the extent to which the regulation interferes ...
The mining law of 1866 had given discoverers rights to stake mining claims to extract gold, silver, cinnabar (the principal ore of mercury) and copper. When Congress passed the General Mining Act of 1872, the wording was changed to "or other valuable deposits," giving greater scope to the law. The 1872 law was codified as 30 U.S.C. §§ 22-42 [14]
Mining law is the branch of law relating to the legal requirements affecting minerals and mining. Mining law covers several basic topics, including the ownership of the mineral resource and who can work them. Mining is also affected by various regulations regarding the health and safety of miners, as well as the environmental impact of mining.
This summary is based largely on the summary provided by the Congressional Research Service, a public domain source. [1]The National Strategic and Critical Minerals Production Act of 2013 would deem a domestic mine that will provide strategic and critical minerals to be an "infrastructure project" as described in the Presidential Order "Improving Performance of Federal Permitting and Review of ...
The right to receive delay rentals [11] The right to receive royalties; The owner of a mineral interest may separately convey any or all of the above-listed interests. Minerals may be possessed as a life estate, which does not permit a person to sell them, but merely that they own the minerals so long as they live. After this, the rights revert ...
The Mining Enforcement and Safety Administration (MESA) under the U.S. Department of the Interior was the predecessor of the Mine Safety and Health Administration, prior to March 9, 1978. [1] It was formed by the Federal Coal Mine Health and Safety Act of 1969 , [ 2 ] and co-approved respirators with NIOSH under 30 CFR Part 11 . [ 3 ]
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Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992), was a case in which the Supreme Court of the United States established the "total takings" test for evaluating whether a particular regulatory action constitutes a regulatory taking that requires compensation. [1]