You qualify for a deferment of assessment work if--
(a) You have a mining claim or group of mining claims that you cannot enter or gain access to because--
(1) The claims are surrounded by lands owned by others, including BLM, and the land owner has refused to give you a right-of-way or you are in litigation regarding the right-of-way or in the process of acquiring the right-of-way under state law; or
(2) Some other legal impediment prevents your access.
(b) You have received a declaration of taking or notice of intent by the Federal Government to take the claim.