Forest service gate question

[danec71]

So I just like a couple opinions here. I've been dealing with an issue all summer getting access to this gate. Another minor in the gulch has changed the locks and is denied me access up to my mining claims. The gate sits on a road that goes through his mining claim so he seems to believe that he can control the gate and tell me I can't trespass pass on his unpatented claim. I already know all this is bull crap and I'm filed a lawsuit against him .this is not my question. My problem is I've been trying for two months to get the forest Service to get up there and cut the locks off the gate. The way the guy put them on and welded a piece of metal you can't get there and cut them normally. Now I know my right to access my claims through a locked forest service gate are granted to me because I have a valid mining claim up past the gate. But all I'm getting is excuses that it's going to take a while we haven't got up there yet we're waiting for our law-enforcement officer and then I call another guy and he's questioning me about what kind of operation in my doing do I have a road use permit or a notice of intent to have access up this road and all this other bull crap I know I don't need so they have to give me the right to get through this gate so what I'm thinking is walking in there and demanding that the gate is fixed so that I can use my key to get in with a forest service lock or my own lock and if they don't do it can I pursue a civil case against a forest service employee not the whole forest service itself but I think A for service employee can be sued individually or how should I approach this. Maybe I should just go up there and do what I can to cut the lock off . I need to use a torch but I also wonder if the other guys up there there may be a serious problem and I can threaten them that if I'm up there cutting the lock off myself and I'm assaulted it will be all on them I don't know.I will be going into the forest service office on Monday morning and I'm a demand that they fix the gate and allow my access.I got a feeling they're just going to give me a bunch other excuses again and nothing will be done so what's my options.
Here's a picture of the guy put on the gate a few weeks ago for your enjoyment

 

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[treasure_hunter_2004]

So I just like a couple opinions here. I've been dealing with an issue all summer getting access to this gate. Another minor in the gulch has changed the locks and is denied me access up to my mining claims. The gate sits on a road that goes through his mining claim so he seems to believe that he can control the gate and tell me I can't trespass pass on his unpatented claim. I already know all this is bull crap and I'm filed a lawsuit against him .this is not my question. My problem is I've been trying for two months to get the forest Service to get up there and cut the locks off the gate. The way the guy put them on and welded a piece of metal you can't get there and cut them normally. Now I know my right to access my claims through a locked forest service gate are granted to me because I have a valid mining claim up past the gate. But all I'm getting is excuses that it's going to take a while we haven't got up there yet we're waiting for our law-enforcement officer and then I call another guy and he's questioning me about what kind of operation in my doing do I have a road use permit or a notice of intent to have access up this road and all this other bull crap I know I don't need so they have to give me the right to get through this gate so what I'm thinking is walking in there and demanding that the gate is fixed so that I can use my key to get in with a forest service lock or my own lock and if they don't do it can I pursue a civil case against a forest service employee not the whole forest service itself but I think A for service employee can be sued individually or how should I approach this. Maybe I should just go up there and do what I can to cut the lock off . I need to use a torch but I also wonder if the other guys up there there may be a serious problem and I can threaten them that if I'm up there cutting the lock off myself and I'm assaulted it will be all on them I don't know.I will be going into the forest service office on Monday morning and I'm a demand that they fix the gate and allow my access.I got a feeling they're just going to give me a bunch other excuses again and nothing will be done so what's my options.
Here's a picture of the guy put on the gate a few weeks ago for your enjoyment

lmao, does this guy really think by putting a sign up he is going to scare others away that have claims up there? if the forest service wont do anything about it, get a group of your friends, go armed, cut that damn lock and be on your way. if he threatens you then shoot his a**. I go hiking in the mountains of Colorado and while I haven't had any problems myself, I always pack heat, after all I am more concerned with the 2 legged variety roaming around than the 4 legged type.

 

[danec71]

Yeah whenever he's out there if people come walking up the road which they have the right to do the guys running out there making sure his coat or shirt is pulled up over his revolver on his side and tells him it's private properly they can't be up there. I've seen him do this before. It's just me and him up there Where the only ones That have claims. And this is been getting worse the last few years I really don't know what happened to this guy but something in his head is gone cuckoo.I have filed a lawsuit against them now it's just trying to get the four service to take care of business looks like I'm going to have to do it myself

 

[Tnmountains]

I lease a lot of land and carry bolt cutters as we have gates every where. But the correct way is to contact the Forestry service and let them know you have the right in ingress and egress your claim and you have been locked out and have them meet you at the gate to cut the other miners lock off with a copy of your lease in hand. If anyone I lease to changes the locks and I do not have a key or combo prior to the fact they get their lock cut off. This applies to gas companies and forestry people and wild life agencys.
Bottom line someone can not deny you a right to the way in to your lease IF that is the only way in. Never hurts to do that and if all else fail just go on in

 

[Honest Samuel]

Hire a lawyer and take all these people to court.

 

[Tnmountains]

Always remember though nothing is worth getting hurt over. As Honest Samuel said use a lawyer if all else fails and sue for the loss of revenue. I would go with the Forestry service first and have a lawyer on stand by.

 

[Back-of-the-boat]

On his sign it says fines will be issued, what agency is going to issue the fines as he says it is a private road and if there is a forest service lock on the gate that you have a key for and can't get to it then neither can the forest service or a fire agency so he is completely in the wrong.If the gate was installed by the forest service he can't make it unavailable to them.

 

[Roger Mn.]

I would cut the lock and put a new lock on it and leave a sign to contact the forest service.
Maybe he is at the claim and wont be able to drive out.

Or contact someone higher up and tell them you cant get anything done about it here.

http://www.fs.fed.us/

 

[Alex Burke]

Didn't we already do this exact thread lol. http://www.treasurenet.com/forums/showthread.php?t=506745

 

[b3y0nd3r]

Didn't we already do this exact thread lol. Forest service gate question

I was just thinking the same thing. If this guy really is this aggressive, then have him arrested if he brandishes a weapon.

 

[danec71]

Yeah we already have had this topic when I was asking what I can do about this guy. I have that figured out already I have filed a lawsuit against him. My question was about the four service and this gate it's been two months since I been trying to get this gate fixed. It's literally going to have to be cut off with the torch the way he has welded up the gate to protect the lock. I'm going into the forest service on Monday and what this post was about is how much can I forced them to fix that gate that day. I have a right to access that gate without a notice of intent without a plan of operations and without a road use permit like they're trying to tell me. It's my right have any claim up behind this gate go through. I just wanted some opinions on how much I can push them without them calling their law enforcement down to get them to fix the gate that day it's been way too long. So I guess if anybody has a forest service a law or regulation or something that's legal that they would understand that I can print out and show them this is what I'm really trying to find out with this post how much can I push my way Weight around to get them to do what I need what I deserve.and believe me I'm not afraid to file a civil lawsuit against the Ranger if that's possible. From what I hear you can't sue eight for service employee individually from the forest service.is this been enough time and not run around between four or five different people to initiate a lawsuit against his Ranger that's really what I'm asking in this post those two questions

 

[Tnmountains]

I own a couple forestry gates with the box welded around the lock so you can not get cutters on them. They can be opened many times my lift the pole of the other side when it swings. It is usually one pipe over another with a cap on it. Just lift it off and you are in.
Sounds like you are a little spooked on the other lessee so you may have to just wait. I have never seen a gate that would not open.

 

[kmatcek]

What keeps you from just going around the gate ? Here in Texas there are no fences just a gate across the dirt road.

 

[Tom_in_CA]

What keeps you from just going around the gate ? Here in Texas there are no fences just a gate across the dirt road.

Ahhh, tsk tsk tsk. Advocating "being sneaky" ? "hopping [or in some way circumventing] fences ? tsk tsk tsk. Whatever happened to the md'rs code-of-ethics? What is this world coming to ?

It is your duty to make sure every last person on the planet (including the person who put the lock there) is satisfied with your md'ing. Lest you bring a bad-name to our hobby.

 

[seekerGH]

I carry one of these and a pack of metal cutoff blades.


Forget the lock, cut the gate apart. Advertise on Facebook for a rage party with a rock group. Let 1000 people sort him out.

 

[BosnMate]

I carry one of these and a pack of metal cutoff blades.
View attachment 1348115

Forget the lock, cut the gate apart. Advertise on Facebook for a rage party with a rock group. Let 1000 people sort him out.

Hmmmmm ---- That looks kind of like a Forest Service key