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69 California Attorney General Reports and Opinions 1 (1986)

handle is hein.sag/sagca0069 and id is 1 raw text is: Opinion No. 85-702-January 28, 1986 SUBJECT: COUNTY RECORDER MAY REFUSE TO ACCEPT MINING CLAIM AFFIDAVIT - A county recorder may refuse to accept a mining claim affidavit without violating federal law, where the refusal is based upon a county resolution adopted under the terms of Public Resources Code section 2315.1. Requested by: DISTRICT ATTORNEY, SIERRA COUNTY Opinion by: JOHN K. VAN DE KAMP, Attorney General Rodney 0. Lilyquist, Deputy The Honorable Philip G. Lowe, District Attorney, Sierra County, has requested an opinion on the following question: May a county recorder refuse to accept a mining claim affidavit without violating federal law, where the refusal is based upon a county resolution adopted under the terms of Public Resources Code section 2315.1? CONCLUSION A county recorder may refuse to accept a mining claim affidavit without violating federal law, where the refusal is based upon a county resolution adopted under the terms of Public Resources Code section 2315.1. ANALYSIS The issue to be resolved is whether the provisions of Public Resources Code section 2315.11 are inconsistent with federal mining laws regarding the annual recordation of an affidavit specifying the amount of labor and improvements made on a mining claim. We conclude that they are not inconsistent with the federal laws. Section 2315.1 states: The board of supervisors may require, by resolution, that any person filing an affidavit pursuant to Section 2315 demonstrate proof of payment of any unsecured tax levied against the mining claim on which the affidavit is filed, prior to the recordation of the affidavit. If a resolution is adopted by the board of supervisors pursuant to this section, it may include the following provisions, and any other provisions determined by the board as necessary to carry out the intent of this section: (a) A provision prohibiting the county recorder from accepting the affidavit for recordation without the tax collector's certification that the taxes have been paid. (b) A provision requiring the following: 1All references hereafter to the Public Resources Code are by section number only. I

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