Land Staking: What it Means & How it Works

Put away your flag; modern land staking looks nothing like it does in cartoons or historical motifs. Instead of a flag asserting instant ownership over a tract or parcel of land, modern land staking is more likely to refer to the asserted ownership over a land’s mineral rights, such as mineral exploration, development, or extraction.

WHAT IS LAND STAKING?

Land staking is the process of pursuing a territorial claim over an area. The claim is typically laid to assert ownership of the land itself, the natural resources on the land, or even the use of the land for certain purposes such as development. 

In some cases, land staking will result in ownership of the land, such as in colonial-era land claims. In others, such as claim staking for mining, it results only in asserted rights to develop or extract certain discovered minerals.

MINING CLAIMS

As most land in the United States is claimed, land claims for ownership are basically unheard of in modern America. However, much federally-administrated land is available for mining claims. Land staking for mining rights is the assertion of the individual’s right to extract a particular discovered, valuable mineral deposit (or deposits) in an area.

Staking a mining claim can be complicated since only certain lands are open to staking. In most cases, this land must be a designated area of public land that is not subsequently protected or otherwise regulated, such as national parks or wildlife refuge areas. In addition, only one claim may be active on land at a time. This means someone looking to stake a mining claim must first determine if the land is open for mineral entry and whether there are any active claims on the land.

In mining claims, there are certain regulations regarding how a mineral is found, how much must be reasonably available, and what type of minerals are present. There are also varying regulations around how to physically stake the ground and how to file claim information.

COLONIAL LAND STAKING

In colonial times, the United States allowed men to stake claim to tracts of land for themselves. This could include a claim that allowed them to live on the land, visit the land, place property on the land (such as a farm or ranch), or simply own the land with no action taking place on it. Today, very little land remains unclaimed in the United States.

Post-Revolutionary War, the process of land staking outside the original 13 colonies was a chaotic process. Overlapping claims and boundary disputes abounded, with inconsistent methods for measuring, recording, and staking these claims. Several different land claim ordinances, bills, and finally, laws, were put into place to manage these claims in a more organized and productive manner. More information about these laws can be found in the national archives. 

FINAL THOUGHTS

For more information about staking a mining claim, check out our blog: “Staking a Mining Claim: What it is and How to Stake a Claim,” or reach out to Rangefront today to speak with an expert about staking land.

ABOUT THE AUTHOR

BRIAN GOSS

President, Rangefront Mining Services

Brian Goss brings over 20 years of experience in gold and mineral exploration. He is the founder and President of Rangefront, a premier geological services and mining consulting company that caters to a large spectrum of clients in the mining and minerals exploration industries. Brian is also a director of Lithium Corp. (OTCQB: LTUM), an exploration stage company specializing in energy storage minerals and from 2014 to 2017, he fulfilled the role of President and Director of Graphite Corp. (OTCQB: GRPH), an exploration stage that specialized in the development of graphite properties. Prior to founding Rangefront, Brian worked as a staff geologist for Centerra Gold on the REN project, as well as various exploration and development projects in the Western United States and Michigan. Brian Goss holds a Bachelor of Science Degree with a major in Geology from Wayne State University in Michigan.

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