2006 New York Code - Entry Upon Lands To Work Mines; Effect Of Notice.

 
    § 83. Entry  upon  lands to work mines; effect of notice.  1.  Nothing
  contained in this article shall affect any right heretofore  granted  by
  special  act  of  the  legislature  nor  affect the terms of any consent
  heretofore given by the commissioner  of  general  services  to  persons
  having  discovered  deposits  of minerals but any such person shall upon
  the taking effect of this act be otherwise subject to and bound  by  the
  provisions of this article; nor give any person a right to enter upon or
  break up the lands of any other persons, or of the state, or to work any
  mine  in  such lands, unless and until there shall have been recorded in
  the office of the clerk of the county in which such lands are located or
  of the register, if the recording officer in such county is a  register,
  the  written and duly acknowledged consent of the owner thereof, or when
  the lands belong to the state, a certified copy of the consent given  by
  the  commissioner  pursuant  to subdivision two of section eighty-one of
  this article, upon such terms and  conditions  as  such  owner  or  said
  commissioner,  as the case may be, may make and specify in such consent.
  Permission to erect buildings for working mines upon state lands may  be
  given  by the commissioner, when such commissioner is satisfied that the
  erection or occupation of such buildings will not be detrimental to  the
  interests  of  the  state.  Nothing  in this article shall authorize any
  person working a mine upon state lands to  cut  or  destroy  any  timber
  whatever  except such trees as it may be actually necessary to remove in
  order to uncover or to erect structures upon or  make  a  road  to  such
  mine,  or  to provide space for such buildings and for mine tailings and
  the like. For each tree measuring four inches or more in diameter  at  a
  height  of  one  foot  from the ground, which shall be so cut, the party
  operating the mine shall pay into the state  treasury  the  sum  of  one
  dollar.
    2.  The  filing  of  notice  of  discovery  on  lands other than those
  belonging to the state gives one so filing no right of property in  such
  lands  or  the mines or minerals therein, nor any lien thereon. All such
  rights flow solely from the owner of such lands or those  holding  under
  him except that, in the event that the mines or minerals thereon consist
  of  gold  or  silver,  all rights to explore, mine or work flow from the
  state acting by the commissioner as in the case of  lands  belonging  to
  the state subject to the above said written consent of the owner.