78 STATE LAND LAWS 



SEC. 85 MINERALS RESERVED. 



for such oil, gases, coal, ores, minerals, and fossils ; and it also 

 hereby expressly saves and reserves out of the grant hereby 

 made, unto itself, its successors and assigns forever, the right 

 to enter by itself, its agents, attorneys and servants upon said 

 lands or any part or parts thereof, at any and all times, for 

 the purpose of opening, developing and working mines thereon, 

 and taking out and removing therefrom all such oils, gases, 

 coal, ores, minerals and fossils, and to that end it further ex- 

 pressly reserves out of the grant hereby made, unto itself, its 

 successors and assigns forever, the right by its or their agents, 

 servants and attorneys at any and all times to erect, construct, 

 maintain and use all such buildings, machinery, roads and rail- 

 roads, sink such shafts, remove such soil, and to remain on said 

 lands or any part thereof for the business of mining and to 

 occupy as much of said land as may be necessary or convenient 

 for the successful prosecution of such mining business hereby 

 expressly reserving to itself, its successors and assigns, as afore- 

 said, generally, all rights and powers in, to, and over said lands, 

 whether herein expressed or not, reasonably necessary or con- 

 venient to render beneficial and efficient the complete enjoyment 

 of the property and rights hereby expressly reserved" : Pro- 

 vided, That no rights shall be exercised under this reservation 

 by the state, its successors or assigns, until provision has been 

 made by the state, its successors or assigns to pay to the owner 

 of the land upon which the right herein reserved to the state, 

 its successors or assigns or sought to be exercised, full payment 

 for all damages sustained by said owner, by reason of entering 

 upon said land. (Laws '07, p. 749, sec. 3 ; sec. 6675 Rem.-Bal. ; 

 477 sec. 67 Pierce.) 



Lease of mining rights: sec. 180 et seq., post. 

 Lease for oil and gas mining: sec. 194 et seq., post. 

 Selection of lands by state with coal reserved by United States: 

 sec. 600, post. 



The right to extract oil and gas from lands sold with this reservation is not 

 subject to lease under the provisions of sees. 194-200, infra : Opinion Att'y 

 Gen'l, Feb. 15, '13. 



