The Vermont Statutes Online

Title 29: Public Property and Supplies

Chapter 009: Mines and Quarries on Public Land

• § 301. Ownership of mines and quarries discovered on public lands

  All mines or quarries discovered upon any public land belonging to the people of the State, or upon land beneath public waters, are the property of the people of this State in their right of sovereignty.

• § 302. Right of discoverer to work claim

  A citizen of the United States discovering a valuable mine or quarry upon such lands or upon land beneath such waters, and filing a notice of discovery and a bond as hereinafter provided, may work such mine or quarry. He or she and his or her heirs and assigns shall have the sole benefit of all the product therefrom, on the payment into the State Treasury of two percent of the market value of all such products, as a royalty. Such valuation shall be made when such products are first in a marketable form. From time to time the Legislature may provide for a different rate of compensation to be paid to the State.

• § 303. Statements to be furnished

  A statement of the amount sold or removed from the premises covered by such notice of claim, and of all the trees cut or destroyed upon such lands, shall be made semiannually under oath to the State Treasurer. Payments of such royalty shall be made semiannually into the State Treasury, under oath as to the amount thereof, on the basis of such semiannual statement to the State Treasurer. A wilful falsehood in the contents of such statement made to such Treasurer in regard to such royalty shall work a forfeiture to the State of the value of the whole amount mined or quarried during the period covered by such statements.

• § 304. Effect on prior grants

  Nothing contained in this chapter shall affect any grant made by the Legislature prior to January 28, 1911, to persons having discovered mines or quarries; nor be construed to give a person the right to enter upon such lands, to break up such lands, to work any mine or quarry upon such lands, or remove any minerals from such lands, unless the written consent of the Commissioner of Buildings and General Services is previously obtained. Written permission to erect buildings upon such lands for the working of mines or quarries upon such lands may be given by the Commissioner of Buildings and General Services, when he or she is satisfied that the erection of such buildings will not be detrimental to the interests, of the State. (Amended 1959, No. 328 (Adj. Sess.), § 16(c); 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996.)

• § 305. Cutting of timber restricted

  Nothing in this chapter shall authorize a person working a mine or quarry upon such lands, to cut or destroy any timber whatever, except such trees as it may be actually necessary to remove in order to uncover or make a road to such mine or quarry. For all trees which are cut, the party operating such mine or quarry shall pay into the State Treasury, as soon as the amount thereof is determined, such sums as the Commissioner of Forests, Parks and Recreation, by a writing filed with the Commissioner of Buildings and General Services, declares to be the value of such trees. Such value in the case of merchantable timber shall, in no instance, be less than $5.00 per 1,000. (Amended 1959, No. 328 (Adj. Sess.), § 16(d); 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996.)

• § 306. Bond required to work claim

  A person proposing to work a mine or quarry upon such lands or upon land beneath such waters, before commencing such work thereon, shall file with the Commissioner of Buildings and General Services a bond in such sum and with such sureties as such Commissioner of Buildings and General Services shall require, conditioned for the payment when due of all sums of money coming due to the State, under the provisions of this chapter, and shall renew such bond and furnish such bond in addition thereto as such Commissioner of Buildings and General Services shall from time to time require. (Amended 1959, No. 328 (Adj. Sess.), § 16(e); 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996.)

• § 307. Default by claimant

  If, at any time, a person working a mine or quarry upon such lands or upon land beneath such waters fails to make the payments required by this chapter when due, or fails to file any bond so required, his or her rights and the rights of all persons holding under him or her in such quarry or mine shall then and thereby terminate.

• § 308. Application to State forests and parks

  The provisions of this chapter shall not be construed so as to apply to State forests and parks. (Amended 1959, No. 328 (Adj. Sess.), § 16(e); 1977, No. 253 (Adj. Sess.), § 4.)