Rise Gold Ord Shs C.RISE

intention to mine and the legal situation from AI

[Ochterloney]

Rise Gold Corp. has been actively asserting its vested right to mine at the Idaho-Maryland-Brunswick Mine in Grass Valley, California. The legal staff of Nevada County has released a Staff Report analyzing the company’s petition to assert this right. Here are some key points:

1. Vested Rights and Legal Principles:

   • The definitive decision on vested mining rights in California is the California Supreme Court case Hansen Brothers Enterprises, Inc. v. Board of Supervisors of Nevada County. In this case, the court articulated several key principles relevant to Rise Gold’s vested right1.
   • The court emphasized that cessation of use alone does not constitute abandonment of vested rights. Abandonment requires both an intention to abandon and an overt act or failure to act that implies the owner does not claim or retain any interest in the right to the nonconforming use2.
   • Rise Gold contends that not a single owner of the old Idaho-Maryland Mine ever intended to voluntarily abandon the vested right to operate the property as a gold mine3.

2. County Decision:

   • The elected Board of Supervisors will make a decision regarding the vested right in a public hearing.
   • The supervisors’ decision is not discretionary; they must apply relevant legal principles to historical facts.
   • If Rise Gold can demonstrate that mining operations were occurring at the time the zoning ordinance was passed in 1954, the county cannot require a use permit unless it can prove abandonment by clear and convincing evidence2.

3. Continuity of Intent:

   • The legal staff’s report argues that the petitioner must prove “continuity of intent to mine” to avoid a finding of abandonment. However, the Hansen decision clearly states that there must be an “intent to abandon” demonstrated by overt acts, not just continuity of intent2.
   • Rise Gold has submitted evidence showing that each predecessor owner attempted to reopen the mine or marketed the property for sale as a mine, indicating no intent to abandon the right to mine2.

In summary, the court’s decision will hinge on legal principles, historical facts, and whether Rise Gold can establish its vested right based on the evidence presented23. The outcome remains to be seen, but the company is actively advocating for its mining rights.

 

Learn more

1risegoldcorp.com2nasdaq.com3sierrathread.com4sec.gov

 

 

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