This paper offers an analysis of the new allocation of burdens and benefits in the use of public lands as contemplated by the proposed legislation. In Part III, I discuss the acquisition of property rights under the General Mining Law of 1872. In Part IV, the theory of property in general is explained along with the types and nature of property interests inhering in, and arising from, a mining claim. I explain the recent efforts in Congress to reform the mining law in Part V and the concept of a taking of property in general in Part VI. I discuss the idea of a taking by redefinition in Part VII and in Part VIII, I deal with the question of whether the proposed legislation effects an unconstitutional taking of property. Conclusions are offered in Part IX.
Shelby D. Green, Reclaiming the Public Domain by Repeal of the Mining Law of 1872, 6 Hofstra Prop. L.J. 85 (1993), available at http://digitalcommons.pace.edu/lawfaculty/437/.