Doing the "Due Diligence Dance"

goldenIrishman

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Feb 28, 2013
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Ok... I am just about ready to turn in my dancing shoes here. Between local governmental agencies not having any idea of what's going on and Federal agencies having even less of a clue (combined with an attitude on the phone as well) I haven't been able to get the required information on some sections of ground that Jan and I are very interested in. Let me tell y'all what I've encountered on this little journey so far and see if I'm the only one thinking there's something funny going on here.

As most of you know, I've been using the MyLandMatters.org site on a regular basis to research areas in an effort to find some good ground to claim and mine. I use all of the layers and information there to decide on which areas to explore in more depth and to decide on which areas to flat out avoid. Using Clays site I can check things like current claims and who owns them as well as access to just about any given area of interest. Jan and I found some interesting ground in a HIGHLY mineralized area that is only 20 minutes from our house and that's where the "Due Diligence Dance" started. Here is some background information that's highly redacted in some areas to preserve our own interest.

The area that we are interested in had been claimed in quarter section chunks by a corporation out of New Jersey. They had grabbed up three quarters of a couple of sections (as well as full sections in some other areas) so of course I was looking at the unclaimed areas in those sections. Well during my research I learned that this corporation had lost seven out of their eight "members" back in 1999. A transfer of interest was filed in November of 2014. Further research showed that the BLM rendered a decision in 2015 that the claims had to be "adjusted" from 160 acres (entire quarter sections) down to 20 acres with in these quarter sections. The LR2000 shows that the adjusted filings were recorded on 08/19/2015. The problem is that NO ONE at BLM can tell us what the "adjusted" claims locations are!!!! BLM doesn't know even though they show it as being filed. :dontknow: :tongue3: The Mohave County Recorders also have zip, zero and nada for information on these adjustments in their records. :dontknow:

Jan and I are trying to do everything "By the book" here and avoid any possible legal problems down the road. What is frustrating is that we can't get the required information we need to be able to prove that we've done our due diligence and done it correctly. :BangHead: While the young lady at the Mohave County Recorders office was very helpful and tried her best, there was nothing in her records on any adjustments being made to the original filings. :icon_scratch: While the BLMs records show that the adjustment was filed on 08/19/2015, they can't find (or are too lazy to look for it) the adjusted sizes of these claims and their new boundaries. Not only that, but the guy on the phone copped an attitude with me like he couldn't be bothered to do his job.

Those of us that try our best to be responsible miners by dotting all the "I"s and crossing all the "T"s in an effort to follow the laws are running into these kinds of problems on a regular basis any more. Since I started researching these areas, I've developed a feeling that the corporation that had claimed these areas up is/was running some kind of scam and their investors found out about it. While gold mining scams are nothing new, their actions have caused a lot of good areas to be locked up which prevents honest miners from claiming and working these areas. I had considered contacting the company in question to see if they would give me the information on the adjusted claim locations but decided against it in case they are running some kind of scam. What would keep them from lying to us so they could set us up for a lawsuit for claim jumping?

I realize the importance of doing our due diligence, keeping all our records up to date and playing by the rules. It's unfortunate that there are others out there that seem to insist on playing games and keeping honest miners from earning a living off the land. I haven't named any names or given any information on the exact locations in question because I want to be able to file on these areas as soon as I can get things worked out. Even so, I'm not going to stop trying to find out the truth on what's going on here, nor am I going to limit myself to just these areas.
 

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goldenIrishman

goldenIrishman

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Doing research into historical claims over the last couple of years has turned up a couple of "interesting" finds so far. These being claims that were for lack of a better term being used as bait for scams. One report I found showed where the "operators" were selling off "cubes" of an area. You bought the cube for an outrageous price and what ever gold was in it was yours. I'll see if I can find the reports on my computer (I've got tons of these reports to hunt through) and post a copy of it. Makes for some interesting reading at the very least. One common thread with these types of claims were that the "investments" were being sold back east. Less chance of an investor showing up at the digs to see how it was progressing I guess.
 

Goldwasher

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May 26, 2009
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if their both yours they can over lap technically.....other wise they can touch.....I think if you have permission to prospect you can also maybe file a lode within a placer boundary.....so be careful about allowing prospecting on your placer claim..
 

mikep691

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Correct me if I'm wrong, and I'll have to research it again, but I read that the holder of a placer claim is the only one that can file a lode claim within the boundries of that placer claim. On the reverse, NO ONE can file a placer claim over a lode claim.
 

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goldenIrishman

goldenIrishman

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Feb 28, 2013
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Correct me if I'm wrong, and I'll have to research it again, but I read that the holder of a placer claim is the only one that can file a lode claim within the boundries of that placer claim. On the reverse, NO ONE can file a placer claim over a lode claim.

I do believe that you are correct in that thinking Mike. I think they did it that way so that if a placer miner happened to find a vein once they got down to bedrock they could claim it as well.
 

Clay Diggins

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Nov 14, 2010
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Correct me if I'm wrong, and I'll have to research it again, but I read that the holder of a placer claim is the only one that can file a lode claim within the boundries of that placer claim. On the reverse, NO ONE can file a placer claim over a lode claim.

Almost perfect Mike! :thumbsup:

There is one exception to those laws. If an invited prospector discovers a valuable mineral lode on your placer claim they can make a lode claim. This doesn't go over the placer but is a separate claim that displaces the placer claim where they intersect.

Read the Supreme Court decision in Clipper v. Eli

"Our conclusion, therefore, is that one may not go upon a prior valid placer location to prospect for unknown lodes, and get title to lode claims thereafter discovered and located in this manner and within the placer boundaries, unless the placer owner has abandoned his claim, waives the trespass, or by his conduct is estopped to complain of it."

Simple solution: Trust your friends to prospect your placer claim but make a written agreement that they will not claim any lodes they discover. :thumbsup:

Heavy Pans
 

StreamlineGold

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Apr 21, 2013
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Cool good to know. Some ground in looking at has a high likelihood of having a vein or two hidden on it
 

mikep691

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Aug 6, 2015
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Almost perfect Mike! :thumbsup:

There is one exception to those laws. If an invited prospector discovers a valuable mineral lode on your placer claim they can make a lode claim. This doesn't go over the placer but is a separate claim that displaces the placer claim where they intersect.

Read the Supreme Court decision in Clipper v. Eli

"Our conclusion, therefore, is that one may not go upon a prior valid placer location to prospect for unknown lodes, and get title to lode claims thereafter discovered and located in this manner and within the placer boundaries, unless the placer owner has abandoned his claim, waives the trespass, or by his conduct is estopped to complain of it."

Simple solution: Trust your friends to prospect your placer claim but make a written agreement that they will not claim any lodes they discover. :thumbsup:

Heavy Pans

Thanks, it would have taken me weeks to find that case. I didn't know of the exceptions, and tht's important information to know as well.
 

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