Can a claim owner use a cabin that is on his claim

[et1955]

What is the rights of a claim owner to use a cabin on his claim, it is not a historical building, also how do you deal with old vehicles on the claim, for more info the cabin has a steel roof. Thanks for your consideration on this.

 

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[Maxlfty]

Reed,
I knew someone sued SPI after cutting them self. I didn't know it was an employee at a mill.
I don't move much dirt and have never been intimidated by the BLM or FS Rangers. They have been pleasant to me.
Now the rent a cops who patrol the area around Keswick. Have been asses but once I produce a map they chilled. Those guys, in my opinion think that area is theirs.
Any follow up on what happened to the dredger?



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[Reed Lukens]

Thanks russau, that has always been what I was going to do.

Actually a cable gate is not a fs approved gate and in order to have a gate, they have to approve it. So I would go to their office and ask them about it because more then likely the gate is locked by some squatters living there. People tried to put up a cable gate at one of my claims and they were told by the fs to take it down and leave the area. Then I was told by my fs rep what had happened while I was away from that claim. I'm lucky to have a good fs rep as most of them are.

 

[Vance in AK]

I have to say the FS people that I have dealt with locally (it has been a few years since my last interaction) were pleasant & helpful regarding what paperwork I needed to do regarding work I wanted to do on my claims.
We did have one local boss lady at F&G (state level I believe0 that decided she was God & started putting in some of her own rules & not issuing recreational dredge permits. As soon as her superiors got wind of that they dealt with her. She still had her job but she understood that she did NOT make regulations & she WOULD issue permits.

 

[fowledup]

http://www.fs.fed.us/t-d/pubs/pdf/06231201.pdf

There ya go USFS specs for gates, bollards, entrances you name it.

 

[Asmbandits]

The Bundy fiasco is to me a special case as he was an extremest, sure I believe in most of what hes fighting for and its fact that BLM overstepped there bounds.. But to stop paying fees and publicly declaring things like not recognizing government authority did not help his case as well as other things he said.. Im all about fighting for whats right, but you have to pick and choose your battles accordingly or they might turn into larger battles down the road.

Now people being harassed or fined for laws that have been abolished, by people in power that are enforcing laws and views that either do not exist or have been created by there own empowerment, That is something I would fight tooth and nail for. I have been wearing my gopro chest mounted cam on a lot of my recent outing so that I might have some leverage if I end up in one of these situations while prospecting.

 

[winners58]

I dont know if any one has asked yet you say it was parceled off by the previous owner is it patented land.
if not you may be able to get a special use permit from the FS as a recreational residence.

http://www.fs.fed.us/specialuses/documents/fsh2709.11_r5_supplement_99_1.pdf
sample permit; http://www.fs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb5133631.pdf

FS page; USDA Forest Service - Caring for the land and serving people.

Myself I would talk to the local FS and tell them you are going to set the cabin up as an emergency shelter
and keep it cleaned and stocked yourself and as the claim holder that you would like to be notified
of any actions and give them your contact information.
.

 

[fowledup]

Don't think I would go the Recreational Residence route, Could easily be construed as an admission that you are indeed recreational prospecting/mining, which might at some point in time be used as evidence against you in an effort to make your claim null and void. Depending on your conviction and wallet, you have a valid argument that it is necessary, and in your economic interest, and physical well being to use it in the course of your mining operations. Also this may be reaching a bit but, is it listed on record, meaning are you paying property tax on it?

 

[Badlands Hunter1]

In your situation I wou do what you are suggesting: Cut a link so all other existing locks are functional. Be as inconspicuous as possible by removing the cut or filed piece with filings and install an older lock separately so that all other remain functional. If the gate has been in place for a longer time it may continue to be overlooked as long as nobody challenges it. Obviously you are changing nothing accept to provide access for yourself also- which you have a right to. I'm not giving legal advise as I'm not familiar or qualified, yet I don't see any disadvantage that you are causing to any others over the current situation/conditions. I can't imagine it being a fs gate as it is nonconforming.

 

[kayakpat]

interesting, plan on heading west, check the states out and find a place I like and buy me a ranch or farm in or near the wilderness areas, it has been years since I have been there. You always find some jerk that seeks out positions of authority so he can bully and abuse other people, you find them at work, in the police dept, in activities with others etc. Seems they just have to jerk people around to feel like they are someone . They need therapy

 

[mrs.oroblanco]

Just found this thread - but, since we have done this - for years and years - here's the truth, and nothing but the truth. Yes, you can use a cabin that's on a claim - it doesn't have to be patented. First, a mining claim (unpatented) gives you the mineral rights - but, it also transfers SOME surface rights and is considered real real estate. Now, here's the hitch in the giddyup. The cabin (and whatever surface you are allowed) ALL has to be incidental to the mining. A tool shed, a living area -WHILE YOU ARE ACTIVELY MINING - vegetation and trees, are all acceptable (at least until they dump the 1872 mining law). It also gives you legal access, and allows you to restrict others from setting foot on the active workings (though, be sure to mark your active site). We lived on our claim, built a cabin, etc. All legal. When we had to pack up to take care of my mother while she died of cancer, they actually stole the cabin. They winched it onto a flatbed, and drove away with it. (including its contents). However, when we go back, they don't stop us at all from re-setting up. I can also tell you from personal experience - if someone trespasses on your active area, and you call the police - they WILL arrest them, and you can collect damages. That also goes for the jerks with metal detectors (though I detect myself), if you are metal detecting on someone's claim, you CAN go to jail. And telling the officers that you are looking for relics and/or brass won't get them out of it, either. So, if you have an unpatented claim, you still have rights.

Mrs. O


PS: A patented mine is private real estate.