82-2-114. Amended locations. If, at any time, the locator of a mining claim or the locator's successors or assigns determine that the original declaratory statement was defective or erroneous, determine that the requirements of law were not complied with, or want to change the boundaries or take in any part of an overlapping claim that has been abandoned or if the original declaratory statement was filed prior to the passage of this law and the locator or the locator's successor's or assigns want the benefit of this part, the locator or the successors or assigns may file an additional or amended declaratory statement subject to the provisions of this part. However, the relocation or filing of the amended or additional declaratory statement may not interfere with the existing rights of others at the time of the relocation or filing of the amended or additional declaratory statement, and the relocation or amended or additional declaratory statement or other record may not preclude the claimant or claimants from proving any title that the claimant may have held under the previous location and notice.
History: En. Sec. 1, p. 56, L. 1901; re-en. Sec. 2295, Rev. C. 1907; re-en. Sec. 7379, R.C.M. 1921; Cal. Civ. C. Sec. 1426h; re-en. Sec. 7379, R.C.M. 1935; R.C.M. 1947, 50-715; amd. Sec. 2724, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 82. Minerals, Oil, and Gas
Part 1. Location and Record of Claims
82-2-101. Manner of locating claim
82-2-102. Record of certificate of location
82-2-103. Affidavit of performance of annual work
82-2-105. Relocation of abandoned claim
82-2-109. Amendment or relocation not waiver of acquired rights
82-2-110. Rights of third persons not affected
82-2-111. Validating locations already made
82-2-112. Defective locations good against persons with notice