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  1. #31
    Make America Great Again

    Apr 2013
    Oregon
    1,636
    3772 times
    All Types Of Treasure Hunting
    I appreciate everyone’s comments, in this case no amount of research before locating would have helped
    and I’ll have to try to work something out with the other guys.
    Never know, might be able to work something out.
    .
    Last edited by winners58; Jan 09, 2015 at 09:47 PM.

  2. #32
    um
    Jun 2010
    1,749
    995 times
    All Types Of Treasure Hunting
    I don't know a lot about mining laws. But it sounds like these guys found your claim filing and back dated their paper work. I would find a new claim close to this one and file it.Take pictures and documentation but keep them secret. If they try to back date this one you have caught them on both claims. I know filing another claim will cost you more money. But it would be cheaper than going to court. And if they are smart enough to avoid the second claim. Work it and let them eat the first one. They sound like lazy miners.....

  3. #33
    us
    Jan 2013
    Arizona
    Spanish Death Rods
    562
    714 times
    Prospecting
    Quote Originally Posted by winners58 View Post
    I have someone filing over my claim, I want to mine, and they just want to sell it.
    I wanted to see if anyone has been through something like this or if I have a case?

    I located my claim on Nov 9th walked every inch no markers or location notices, posted my location notice, did some sampling, dug holes and panned, found some flakes. Filed with the county Nov 12th the claim was still showing as active in LR2000 till Dec 2nd I filed because I had information that the previous owner would not be filing. Over a month goes by and I happen to look at the county recorders search page and see someone has filed in the same TRS on Dec 16th I had the clerk email a copy of their filing and found out they were filing over me and had dated the location date as Oct 24th
    I did a search in LR2000 for the last name for Cal & Ore open and closed (4 pages come up) I recognize a couple of the active ones as ones I had seen for sale on craigslist and their ad has their web page with claims for sale found their phone and email.
    Sent a email before I got the copy of their claim recording from the county clerk, thereís only 40 acres in that section the rest is roseburg lumber so I was concerned.



    After I got their filing I called on the phone I was upset said I didnít like someone filing over me and back dating their location date. (Probably a bad idea to call when mad).

    After about 3 days I got this reply;


    Then I sent a reply;


    So now we have two claims overlapping, I donít know what the courts go by you can write anything as the location date and have found several of their past claim locations that are filed with the location date about 55 days before recording with the county,
    Iíve also found a few that they filed a small miners but had more than 10 claims then just didnít pay the maintenance fee like requested, One case I found went all the way to the IBLA as it was sold after filing the small miners they knew they had more than 10 claims
    I just dont know what the courts look at, does location date have more weight than being the first to make it to the court house, I just want be honest, do things in good faith, I gave them my story and Iím not really getting a legitimate back story from them. Haven't heard anything else in 2weeks i sent I message just said "we should talk" so I dont know what to think. both claims now show up as active in LR2000.
    I do know that if you have a placer claim, lode claims can be filed over your placer.

    Read this article

    Lode claim over placer claim? - Gold Prospecting Forum - Nugget Shooter Forums
    russau likes this.

  4. #34
    Charter Member
    us
    Period Six Mining and Exploration, LLC

    Aug 2010
    Southeast Arizona
    2,943
    4306 times
    Prospecting
    I did a quick scan through the Oregon Revised Statutes and found nothing that pertains specifically to mining claims. Sounds like a cockroach act to me.

    We HAD a group here trying this. It had a stop put to it real quick like.

    Here's what Arizona says about a mining claim. Format Document

    In other words here, unless you erect the monuments to identify the claim PRIOR to filing at the county level, you DO NOT have a valid claim. Kinda stops the cockroaches dead in their tracks, especially when you have pics with time and date stamps along with GPS coordinates in them. Most cell phones and cameras automatically do this now. Hence why I don't post too many pics of our claims.

    I've gotten to know the county recorder here and she was the one who tipped us off on this. Every few days the same group of guys would come in and look through the recently filed claims and try and file over claiming earlier discovery. Long story short, we had pics and samples that proved "boots on the ground", he didn't.

    Always exercise due diligence and ask a lot of questions. Take either photographic or video record of the markers along with GPS coordinates. Document everything and try and include copies with the county recorder. This WILL give you standing in court as this proves due diligence.
    Mining is how I make my living. I turn mountains into dust on a daily basis.

 

 
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