Claim access

[fowledup]

What if any are the laws/protections as far as claim access is concerned? Do any of you california claimholders out there have Sierra Pacific as your neighbors? Will they or are they required to provide a claimholder with a key if the only access road to the claim is by way of SPI gated roads?

 

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[Goldwasher]

Short answer is NO....sorry. Road status may come into play if it is considered public you have access.

 

[rodoconnor]

Every state is different regarding private property rights.If SP owns the land ,then they are allowed to deny access ,unless otherwise stated in the title. In Kal, as far as I know. With liabiltiy and insurance. etc.,they are covering their backsides. G/L

 

[Hoser John]

Deeded access is needed for SP. They have REALLY started getting tougher up here in the north. The roads size and classification also comes into play but them suckers have deeeeep pockets if they decide to play hardball. Hope they don't fowl you up-John

 

[fowledup]

They've been "fowling" me up for the last twenty years with their damn gates. Our community tried playing the game, we formed a road access committee to discuss and hopefully negotiate access or at the very least get keys for the local fire dept. We suggested a user key checkout program, or a double lock system for claim holders or hunters, nothing- best we got was "If your side of the mountain is burning we'll make sure the gate is open". The gate he is referring to is blocking a historical roadway, it was a wagon trail first that brought folks to the western side of the Sierra, then a stage coach, haul road, and a mail route thru the early 1900's. Sad part is I don't blame them for blocking the roads, I get it, there is a small percentage of the population who are POS's and can't help themselves from destroying what's not theirs. I got that, however, because of them the majority of the population is punished- the blanket spank. There are two beautiful claims in the bottom of that canyon, one of my partners grandpa raised his family off what he took out of there. Still good gold. We've been told they won't seek trespassing if they see us unless we are in or or on a motorized vehicle. We are welcome to hike or bike, gee thanks guys! 4 miles one way to the bottom. We tried the bike thing- once! I was going to join the POS's and dump the darn thing, won't be trying that again.

 

[Hoser John]

Same same in Hayfork now this year also.They had a key ,now new lock same ol'sure you can walk........

 

[Hefty1]

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[Hoser John]

Hahahaha I carry the same key but in a manly color of red...... John

 

[russau]

I also carry similar master key! EXCEPT mine is worn from use!

 

[fowledup]

Yep, always in the truck box and just like jumper cables your a friend indeed when someone's in need.

 

[cazisme]

Just cut chain add your lock with the stencil calfire on it LOL. Calfire doesnt seem to pay any attention to private property rights anyway.

 

[cazisme]

Just cut chain add your lock with the stencil calfire on it LOL. Calfire doesnt seem to pay any attention to private property rights anyway. Or the honda 90 dragging a broom to cover your tracks if they cant see tracks they are to f'n lazy to open gate and look for anyone.

 

[scoy]

What if a locked gate blocks access to my claim?

The owner of an unpatented mining claim cannot be denied access to his property by federal law. Generally, if a locked gate is preventing you from accessing your claim, the Forest Service (or appropriate agency) must provide you with a key.

 

[Hoser John]

NOT IF PRIVATE PROPERTY OR WITHOUT A EASEMENT/ENCROACHMENT. SP,Sierra Pacific and SP ,Southern Pacific Railroad are private property owners and the road classification is the determining factor ALWAYS. Your trying to mix apples and oranges as public lands laws much different than private property law--John

 

[scoy]

I was talking unpatented claims, on federal land not private property.