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I am a gold miner, i have to ask you this because i have thic problom just about evry other day? |
what is the real law on someone having to show and post there claim paper for there claim. i keep geting run off when i dont see claim papers or no mining signs or any kind of notice that this is ther claim i dont no if there lying to me or what they say get off.. i also want to knowe the rules on wichif they can own the river its self or just the land around it .. for example there was a main county road where a bridge had been shut down along time ago to the left of this about 50 feet down a hill was a creek to the right was some land for sell to the front was a driveway to a mans house with a privet property sign a little ways up the road ,i did not go no farther because of that sign or do anything on that side of the road, there was no fence no signs of any kind or claim papers.now i heard they mst post claim papers to show that it paid for because there are still mine papers on trees out there in some places from the 50s that has not been paid for sence.. need infoon this problom. They have to have proper claim markers. There should also be current claim discovery paperwork atached to one of the markers. Claim signs are not mandatory but useful. Do some research on the BLM sites (geocommunicator and LR2000, just do a search on these names). The geocommunicator is sadly out of date but a good start to find the township and range of a particular claim area. Take this info to the appropriate county recorder's office and they will help you find out if there is a current claim on file with the county. All claims must be current with both the county and BLM. If it is not on file with both and with current maintenance records, the claim is invalid and open to be claimed. If you find the claim is invalid or not even claimed, then you can claim on the site. If someone tries to stop you saying they have the claim, don't try to force the issue yourself as no gold is worth your life. Just go to the local sheriffs office and inform them of your confontation with the person. They will look at your paperwork for the claim and assist you in dealing with the person. They do not own the river, just the mineral rights in the river and some land along the banks. You have to find the claim info to see the map of their claim which is necessary to be filed with the rest of the claims papers with the county and BLM. To really see if the claim is on file with the BLM, you need to go to the main BLM office for your state (for California it is in Sacramento). But if it is not filed with the county as well within 90 days, the claim is invalid. All maintenance fees for that year must be paid (or if in the case of someone who owns 10 or less claims, the maintenance fee waiver papers) the claim is not valid. Hope this has helped. Good luck. There is no legal obligation to post an unpatented mining claim under the 1872 Act. However, if someone tells you to leave, and you refuse, his options in making you do so are very limited unless he shows you his claim papers. |
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