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United States v. Curtis-Nevada Mines, Inc.

Citation: 6 ELR 20715
No. No. S-75-160, 415 F. Supp. 1373/(E.D. Cal., 05/14/1976)

The court enjoins defendants from preventing any member of the general public who possesses a valid state or federal recreation permit from entering the as-yet undisturbed surface areaof their unpatented mining claim for recreation such as hunting or camping or to gain access to adjoining land. A review of the legislative history of the statutory provisions dealing generally with the rights and duties of owners of unpatented mining claims on federal lands convinces the court that Congress intended to allow such entry as long as there is no interference with ongoing mining operations. Defendants may station guards at the borders of their claim to check the permits of those who enter, but they may not erect unmanned barricades blocking roads which run across the claim. The owner is also enjoined from mining the claim until an operations plan has been filed with the Secretary of Agriculture for those portions of the claim which lie within the Toiyabe National Forest.

Counsel for Plaintiff
Dwayne Keyes, U.S. Attorney
Bette Wolfe, Asst. U.S. Attorney
Federal Building
650 Capital Mall
Sacramento CA 95814
(916) 449-2331

Counsel for Defendants
Charles Dresow
899 Ellis St.
San Francisco CA 94109
(415) 441-4044

Leslie M. Fry
Fry & Fry
105 North Sierra St., Suite 201
Reno NV 89505
(702) 329-8646