Making a Mill Site Claim

Any lands that are included as mill sites, each of which cannot be above that of five acres of land that does not have mineral in it, can be added to a patent application for a placer or lode mining claim and can be patented with one of the aforementioned. If the applicant so desires, the mill sites can also be patented in separate procedures. Along with the mill claims, the mill site cannot be contiguous to the lode or vein. However it has been said that when a mill site is in conjunction with a lode claim might be touching a side line, unless the claimant is able to show that the lode of vein does not lengthen into any part of the ground that is covered by the mill site. This type of mill site needs to be utilized or occupied for mining or milling intentions along with a valid mining claim. In the case of the owner of a quartz mill or a reduction works that does not own a mine along with one of these, still has the option to locate and obtain a patent for a mill site. In cases in which land that does not have mineral in it is needed, and occupied by the holder of the valid placer mining claim for mining, milling, beneficiation, processing or any other workings that apply directly to the claim, the mill site can still be added into his mining claim patent application. In the case of mill sites that are located together with lode claims and independent mill sites need to be surveyed and the cost money needs to be paid at the same rate that applies to lode claims. Mill sites that are located in connection with placer claims and taken through legal subdivisions do not require of more surveying. These can be patented once the payment of the purchase price has been paid for. The course of action for securing a patent for a mill site is the same as is done to get a patent for a lode or placer claim. When it is incorporated in an application for a lode claim, it will be necessary to post a copy of the application on the plat of the mill site as well as on the lode claim. In the place where an application is filed for an independent mill site, a copy of the notice needs to be posted on the claim. It will be necessary to post a notice of intention to apply for a patent on a mill site that is located in connection with a placer claim. Any of the applications to patent mill sites need to be accompanied by statements of proof by two or more persons not interested in the mineral character of the land. It will be necessary to show any use or occupation of the land for mill site purposes and in the case of an independent mill site, evidence of the developments and utilization of such need to be demonstrated.

Support paperwork for application of patents
There has not been any form established for a patent application. The interested in doing this will need to file in the land office after notice of application for patent, along with a copy of the plat if a mineral survey has been carried out and has been posted on the claim. It will be necessary for it to have:

• Two copies each of the field notice as well as the survey.
• The proof of the posting on the claim. There also has to be two credible witnesses, however this does not include the claimants nor the attorney in fact, providing the date and place of posting, along with a copy of the notice that is attached to these statements.
• Evidence of the title needs to be provided as well. Every application for a patent needs to be supported by a certificate of title or by a certified abstract of title for every individual claim. Each individual certificate needs to come along by single certified copies of the original as well as revised location notices of every claim.