N.Y. Public Lands Law § 83: Entry upon lands to work mines; effect of notice

§ 83. Entry upon lands to work mines; effect of notice. 1. Nothing

contained in this article shall affect any right heretofore granted by

special act of the legislature nor affect the terms of any consent

heretofore given by the commissioner of general services to persons

having discovered deposits of minerals but any such person shall upon

the taking effect of this act be otherwise subject to and bound by the

provisions of this article; nor give any person a right to enter upon or

break up the lands of any other persons, or of the state, or to work any

mine in such lands, unless and until there shall have been recorded in

the office of the clerk of the county in which such lands are located or

of the register, if the recording officer in such county is a register,

the written and duly acknowledged consent of the owner thereof, or when

the lands belong to the state, a certified copy of the consent given by

the commissioner pursuant to subdivision two of section eighty-one of

this article, upon such terms and conditions as such owner or said

commissioner, as the case may be, may make and specify in such consent.

Permission to erect buildings for working mines upon state lands may be

given by the commissioner, when such commissioner is satisfied that the

erection or occupation of such buildings will not be detrimental to the

interests of the state. Nothing in this article shall authorize any

person working a mine upon state lands to cut or destroy any timber

whatever except such trees as it may be actually necessary to remove in

order to uncover or to erect structures upon or make a road to such

mine, or to provide space for such buildings and for mine tailings and

the like. For each tree measuring four inches or more in diameter at a

height of one foot from the ground, which shall be so cut, the party

operating the mine shall pay into the state treasury the sum of one

dollar.

2. The filing of notice of discovery on lands other than those

belonging to the state gives one so filing no right of property in such

lands or the mines or minerals therein, nor any lien thereon. All such

rights flow solely from the owner of such lands or those holding under

him except that, in the event that the mines or minerals thereon consist

of gold or silver, all rights to explore, mine or work flow from the

state acting by the commissioner as in the case of lands belonging to

the state subject to the above said written consent of the owner.