Question about an Arizona Placer Mine

[tahoe737]

I want to file a placer mining claim in Arizona.

In order to square up the claim to 20 acres,
it would be necessary to place one of the corner markers on Patented Land.

The following is from an article by the Forest Service.
"Anatomy of a mine from prospect to production"

The corner monuments of adjacent claims may be placed on the surface of
adjacent unpatented or patented mining property for the purposes of squaring
the located claim. The consent of the owner is not essential when the
encroachment is open and peacefully done. The right of the overlapping locator
is limited to the ground outside of the prior located claim or patented ground,
except for extralateral rights that might be acquired. Subsequent objection by
the prior owner is unavailing.


The claim area overlapping the Patented Land is small and I understand that area
would not be available for mining.

Does anyone have any knowledge if this is legal or has been done?

 

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[B H Prospector]

Your answer is in your post. You just can't mine the land that overlaps. I would just be a good neighbor and ask if it would be ok to put up a boundary post. If they say no I wouldn't worry too much about it but at least have the coordinates of that post marked on a map.

 

[Underburden]

While staying on your claim, place a 'Witness Monument' right on the border.
Describe a meets and bounds description to the corner location on the patented land.
You don't have to physically place a corner marker on the patented land, just describe on the witness monument where it should be. Close enough.

 

[tahoe737]

Thank you B H Prospector and Underburden.
You have been very helpful!

 

[russau]

I would highly recommend that you talk to the owner of the patented land to let him know whats going on to prevent any issues of you working land near his line! also this may be helpful in each of you getting to know each other and POSSIBLE making of a new good friend! AND he may keep a eye out for your claim for you while your gone! Ive noticed a LOT of people just working a piece of land not knowing or just not careing who the lands owner is! Ive seen this while a bunch of us were on a friends claim and this guy just walked up and put his highbanker in the water without asking ! If your not there , somebody will be! you cant watch it all the time!

 

[Clay Diggins]

The patented land is excluded from the public survey by law. The aliquot part of the PLSS you are describing will be designated with a Lot number rather than a direction (i.e. NWSW).

Just describe the portion of the lot you are claiming. Something like "The east half of Lot 2 Section XX Township XX Range XX Meridian XX District XX County XX".

Do NOT put stakes on the patented land and do NOT describe a corner as being on patented land.

The Forest Service has no authority when making a mineral claim. Look for your information from the law not from an executive agency.

Section 8 of the 1872 Mining Act requires patented land to be excluded from the Public Land Survey System.

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