Check the notices required before entry on Stock-Raising Homestead Act land
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the access papers, list the land, whether it is described as subject to the Stock-Raising Homestead Act reservation, the surface owner shown on the papers, and whether a notice of intention and a mailed notice to that owner are in the file. Do not decide that entry is allowed.
- What the lawyer must review
- After the effective date of 43 U.S.C. § 299(b), no person other than the surface owner may enter the land to explore for, or to locate, a mining claim without the conditions in that subsection, including notice to the surface owner. A person who has filed a notice of intention to locate must give the surface owner written notice of that filing, by registered or certified mail with return receipt, at least 30 days before entering. The notice of intention is filed with the Secretary in the prescribed form. That form was not opened. The table at 43 C.F.R. § 3830.21 lists a filing fee for recording the notice and points to § 3000.12. That schedule was not opened, so do not state the fee. You decide whether the notices are sufficient before anyone enters.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Obtain and inspect the relevant current official register or search result. Confirm identities, interests and the date and scope of the search.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.