Bruff-Administrative Law-Spring 05

Bruff-Administrative Law-Spring 05 - EXAM NO. _ Reminder:...

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EXAM NO. ___________ Reminder: Under the Honor Code the submission of any academic work constitutes a representation on the student's part that such work has been done and its submission is being made in compliance with all applicable provisions of the Code. Note: Lighting in the Law School is controlled by movement sensors. If the lights go out, physical movement will activate them. FINAL EXAMINATION IN ADMINISTRATIVE LAW SPRING, 2005 DATE: Monday, April 25, 2005 Professor Bruff TIME: 8:15 a.m. TIME LIMIT: 3 hours INSTRUCTIONS 1. This is a CLOSED BOOK EXAMINATION. You may not refer to any materials in answering it. The examination must be taken only in the rooms designated by the Registrar. All examinations and bluebooks should be turned in to the Registrar or her designate in Room 295. 2. This examination consists of four essay questions. Total time permitted: 3 hours. 3. The questions are not tricky. Do not subject them to strained or unlikely constructions. If you would need more facts to answer a question fully, say what they are and identify the legal consequences. I suggest that you read the entire examination before answering any part of it. 4. N.B.: this exam takes place in a context involving the application of federal mining law. Knowledge of mining law on your part is not expected and will not be credited. Discuss only issues of administrative law as presented by the facts stated in the exam.
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The General Mining Act, enacted in 1872 and almost unchanged since, provides that “all valuable mineral deposits in lands belonging to the United States” (with some exceptions) are open to purchase by any citizen for a nominal fee. (30 U.S.C. sec. 22) A claimant who discovers such a deposit and who follows steps specified in the Act and in regulations promulgated by the Bureau of Land Management (BLM) of the Department of the Interior (DOI) receives full title to the land and hence full rights to extract the mineral. In general, a claimant who has found a deposit must post notice of the claim at the site, do enough digging to discover the extent of the deposit, mark the boundaries of the claim, and file a notice of claim with BLM. There are limits to the physical size of a claim on the ground. Mount Emma towers above the old mining town (and now ski resort) of Crowned
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Bruff-Administrative Law-Spring 05 - EXAM NO. _ Reminder:...

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