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owners and in efforts to utilize them. As long as mineral rights were
not taxed independently of surface rights, they were often reserved in
selling surface rights on the mere chance that mineral might be found in
the future, and thereby general exploration and development were held
back.
In the United States, minerals on the public domain have been open to
exploration and acquirement with minimum restrictions, except for the
considerable areas later withdrawn from entry. After long delay a part
of these withdrawn lands are again open to private exploration, but not
to fee ownership. Specified minerals--coal, oil, phosphates, and
potash--may be explored for, and may be leased under certain
restrictions as to amount and time of development. The effect of this
act on exploration is yet to be proved; but since many of the lands have
now been shown to be favorable for minerals which are in great demand,
there is little doubt that exploration will be resumed on a large scale.
On the whole, under the federal mining laws of the United States the
individual prospector has maximum leeway,--and from the standpoint of
development of resources this procedure probably has been justified.
In other countries where the mineral resources are owned by the
government, there is in most cases considerable restriction, through
licenses and other regulative measures, upon the activities of
prospectors. This restriction, together with the fact that it is usually
not possible to secure title to the land, but only to secure rights
through rental or leasing, is to some extent a deterring influence on
the penniless prospector. It does not follow that under these conditions
exploration and development are absent. The charges imposed are light,
and in the early stages require comparatively small contributions as
evidence of good faith. It is to be remembered that exploration has
become concentrated more and more into the hands of persons financially
able to meet such conditions. Exploration is passing from the highly
hazardous stage of individual effort into a systematic business with
calculable returns.
USE OF GEOLOGY IN RELATION TO OWNERSHIP LAWS
The contacts between geology and laws relating to mineral ownership are
many and varied; a few illustrative examples are offered.
Many difficulties arise from the loose use of mineral names in these
laws. The laws governing location of mineral deposits in Cuba are so
framed that iron ores m
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