N.Y. Public Lands Law § 82: Notice of discovery; filing; fee; bounty to discoverer; royalty to state

§ 82. Notice of discovery; filing; fee; bounty to discoverer; royalty

to state. 1. Any person discovering a mine or deposit of gold or silver

in or upon private lands within this state, and any citizen of the

United States discovering a mine or deposit of any mineral in or upon

state lands may work the same subject to the provisions of this article

but not until he files written notice of such discovery with the

secretary of state, which notice shall be indexed and registered in a

permanent record to be kept by such secretary, describing particularly

the nature and situation of such mine or minerals.

2. Notices filed pursuant to this section shall be in such form as the

secretary of state shall prescribe and shall contain, among other

things, the following information:

(a) The name and address of the filer.

(b) The name of the owner of the land.

(c) An accurate description together with a map made on tracing cloth

with india ink of the land against which the notice is filed, in form

sufficient for the convenient location of the land, which land shall, so

far as practicable, be of equal length and width and shall comprise not

more than forty acres.

(d) A statement subscribed by the filer and affirmed by him to be true

under the penalties of perjury that he has read or knows the provisions

of this article and is familiar with the conditions to be by him

performed precedent to the acquisition, continuation and preservation of

any rights flowing from his filing of such notice.

3. A fee of fifty dollars shall be paid to the secretary of state with

each such notice.

4. The filer shall have the sole benefit of minerals extracted from a

mine or deposit on state land on the payment to the state of such annual

rental and such royalty as the commissioner shall deem reasonable and

proper provided, however, that the minimum royalty shall not be less

than two per centum of the market value of all such minerals. The filer

shall be exempted from paying a royalty to the people of the state on

the market value of all gold and silver extracted from a gold mine or a

silver mine on private lands for a term of five years under notices of

discovery filed on or after April sixteen, nineteen hundred forty-five,

to be computed from the date of filing of the notice of discovery; and

after the expiration of such term, the filer shall pay to the people of

the state a royalty of one per centum of the market value of such

products.

A statement of all minerals extracted from the premises covered by

notice of discovery, together with the market value thereof, shall be

made within six months from the time such products shall first be

extracted, and semi-annually thereafter, under oath, to the

commissioner, and payments of such royalty shall be made semi-annually

to the commissioner at the time of making of such statement of minerals

extracted. Such payments of royalty shall thereafter be transmitted to

the state department of taxation and finance by the commissioner. Any

wilful falsehood in the contents of such statement made by the filer to

the commissioner shall work a forfeiture to the state of the value of

the whole amount extracted during the period covered by such statement

and he shall be immediately liable to the state for payment of said

amount. Upon failure to make the statement of minerals extracted, when

due, and the payments of royalty, when due, the commissioner may

terminate all rights to explore and mine in the manner hereinafter

provided. From time to time the legislature may provide for a different

rate of compensation to be paid to the state or for other conditions or

standards governing the exercise of the right to explore for or mine

minerals on state lands or gold and silver on private lands.

5. The filer shall immediately notify the secretary of state of any

change in his address or of his interest in his rights under his notice

of discovery, the manner in which such change of interest is effected,

and the name and address of any successor or successors to his interest,

in whole or in part. Such notice shall be in writing and duly sworn to.

In the event no such notice is received by the secretary of state, any

notice of default as herein provided for, mailed by the secretary of

state to the filer at the last known address, shall be binding upon all

parties in interest for all purposes.