s; and hence mining laws relating to ownership are not
of great age, although historical precedent may be traced far back.
ON ALIENATED LANDS
Where lands came into private ownership, or were "alienated" from the
governments before the formulation of mining laws, varied procedures
have been followed in different countries.
In England and the United States, under the old regime in Russia, and to
a slight extent in other parts of the world, mineral titles remain with
the owner of the land and the government does not exercise the right of
eminent domain. But even in England, where private property rights have
been held peculiarly sacred, the discovery of oil during the later years
of the war led to an attempt to expropriate the oil rights for the
government. Because of the objection of landowners this attempt has not
reached the statute books, but the movement is today an extremely live
political question in England. A somewhat similar question is involved
also in the movement to nationalize the coal resources of England, now
being so vigorously urged by the labor party. In the United States, no
serious attempt has yet been made to take over mineral resources from
private ownership.
Other countries have gone farther in retroactive measures in regard to
alienated lands. Under the leadership of France, most of the countries
of western Europe have appropriated to their governments the
undiscovered mineral resources on private ground, particularly those
beneath the surface, except where previously they had been specifically
conveyed to the private owners, or with the exception of certain
designated areas and minerals which had been conveyed to private
ownership prior to certain dates. Some minerals occurring at the
surface, variously specified and defined in different countries, are
allowed to remain with the private owners, although often subject to
government regulation in regard to their development and use.
In varying degree this treatment of mineral resources on alienated lands
is followed in the British colonial laws--in South Africa, Australia,
New Zealand, and Canada--and in the Latin-American laws. The laws are
usually based on specified classifications of minerals. Those occurring
at or near the surface, and called "quarries," "placer deposits,"
"non-mines," or "surface deposits," usually remain with the surface
owners. Those beneath the surface, called "sub-surface deposits" or
"mines," in general belong
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