New York § 83 - 83Entry upon lands to work mines; effect of notice

§ 83. 83Entry 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.