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  1. #1
    us
    Come out from under your bed today...... DO SOMETHING!

    Jun 2008
    Yarnell,AZ and Titusville,FL
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    Placer claim/Lode claim question....

    Ok, you legal eagle gold prospectors.... My brother TimC and I need the answer to this technical question asked. Can a NEW PLACER claim be filed over part of an EXISTING LODE claim.... or in reverse, can a NEW LODE claim be filed under an EXISTING PLACER claim? Seems to me, one can be done but the other cannot. Anyone help us out? TTC
    ONE MIND - ANY WEAPON

  2. #2
    Charter Member
    us
    TerrySoloman.com

    May 2010
    Congress, AZ - White Plains, NY
    Tesoro Cult Member - Tejon; Sand Shark; Lobo Super Traq; Vaquero; Cibola; Compadre - Minelab GPX 5000
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    Tim, this is a question that ultimately must be decided in a Civil Court. I can think of at least three cases - two in the Bradshaw Mountians, where Placer claims were made over existing Lode claims near Columbia, and Cow Creek. Lots of lawyer and court fees.. Be real careful buddy, and remember that the BLM is going to take your paperwork and money, then let God sort it out.

  3. #3
    Charter Member
    us
    I can dig it! "WP"

    Mar 2007
    Bounty Hunter's, Whites TM 808, Whites GMT, Suction Dredges, Hand Dredges, Trommels, Gold Vacs, High Bankers, Fluid bed Gold Traps, Gold Pans, Sluices, Dry Washers, Miller Tables, Rp4 Wave table, etc.
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    You can file a lode claim over a placer but not the other way around. So when filing a new claim its best to file placer first or you could double stake and have both filed together. But once a Lode claim has been filed on a location you cannot normally file a placer over it.

    Although as Terry stated, a Court has the power to decide otherwise.

    GG~
    Last edited by Goodyguy; May 10, 2012 at 02:10 PM.
    ~Diggin The Adventure~
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  4. #4
    us
    Come out from under your bed today...... DO SOMETHING!

    Jun 2008
    Yarnell,AZ and Titusville,FL
    Right now: Garrett GTA 500, ACE 250, Fisher Impulse 8, Gold Bug 2, Whites GMT, Vibraprobe 570, and Falcon MD20
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    Tnx for responding guys. Seems that as I slept in, this morning, TimC called the people in Yavapai County to learn that we can file a placer claim OVER the lode claim but WE MUST FILE a disclaimer in writing (as part of the claim filing) that we have no interest in the lode claims and/or its workings. The answer given to us was more lengthy but I tried to give it (above) in a nutshell. TTC
    ONE MIND - ANY WEAPON

  5. #5
    us
    Calories in... calories burned... whats left is you.

    Jul 2008
    Gold Country, Yarnell, AZ
    Various
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    All Types Of Treasure Hunting
    I have to correct my brother (TerryC). I talked to a BLM agent in the Pheonix office. The rest is essentialy correct. The disclaimer covers the mineral and mining rights of the overlapped portion. However; hunting, fishing, hiking, etc, are as before and are not effected by the disclaimer. TimC
    I knew a man who rode his horse backwards, because seeing where he has been was much less scary than seeing where he was going.

 

 

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