United States v. Curtis-Nevada Mines, Inc., and Robert Curtis

HUG, Circuit Judge:

This case concerns the right of the general public to use the surface of land upon which unpatented mining claims have been located, when that use does not interfere with mining activities. The principal issue is whether the owner of unpatented mining claims has the right to exclude members of the general public from such use of the surface of the land for recreational purposes or access to other public lands unless they have obtained a specific governmental permit or license for such use. To resolve this issue, we are called upon to construe the provisions of the Surface…