WMA April newsletter legal update
http://www.theminingalliance.com/newsletters/2016/april2016.pdf
http://www.theminingalliance.com/newsletters/2016/april2016.pdf
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Too Much Acreage Claimed
A single locator, or corporation, can only locate 20
acres. Often we see on the location document a single
locator will locate far more than this, in one case we
saw a location form with 320 acres claimed by a single
person. Two locators (an association) may locate 40
acres, three locators 60 acres and so on.
The legal location of a mining claim must follow fairly precise rules established by the Bureau of Land Management
Thanks for the updates WMA but your ignorance of mining law is really showing in the latest newsletter.
Two 80 acre claims for sale in the same newsletter that pretends to educate us on how to locate a mining claim.
From that newsletter:
So why is WMA advertising two 80 acre placer claims for sale that have only two locators instead of the four needed to support those claims?
Anybody buying these claims is going to be pretty disappointed when the BLM notifies them they have to reduce the claim to 20 acres or they will void them.
This is part of a pattern of ignorance about the actual laws governing mining. In the Filing a Valid Mining Claim article itself they start out with the incredibly wrong statement:
Let's be very clear here, Federal and State Laws govern the proper way to locate a mining claim. The BLM does not, and can not, establish rules about the location of mining claims.
I've spent years trying to educate small miners about the differences between the laws governing mining and the administrative rules the BLM governs itself with. To myself, the courts and the mining companies these differences are clear. When the WMA puts this sort of nonsense in print they set small miners back to square one.
The next time you wonder why the big mining companies don't donate to your WMA causes or you wonder why the Judges laugh you out of court please pause and reflect on just why you believe what you believe. It could be you are relying on the wrong people to keep you informed.
Educate yourself and prosper!
Heavy Pans
Clay, etal:
WMA knows the regs. The claim owner offered the claims up for a commission to be paid to WMA to help pay legal bills. We informed him of the regs and he chose to ignore them. If anyone is interested in those claims, WMA will insist that they be bought as an association claim.
All placer mining-claims hereafter located shall conform as near as practicable with the United States system of public land surveys and the rectangular subdivisions of such surveys, and no such location shall include more than twenty acres for each individual claimant
There are no "do overs".
If Bob Dunst ignored your warning about the 1872 Mining LAW (not BLM "regs") but decided to go ahead and and offer claim acreage he didn't own what's to stop him from selling the claim to a single individual?
Heavy Pans
Would part (a) of the following be a way in which an association claim could be transferred to an individual or smaller association (the rest makes it clear you need a locator for every 20 acres)? This was additional literature I received with my copy of "Location and patenting of mining claims and mill sites in California" - 2000 Edition
Federal Register / Vol. 68, No. 206 / Friday, October 24, 2003/Rules and Regulations 61073
3833.33 How may I transfer, sell, or otherwise convey an association placer mining claim?
You may transfer, sell, or otherwise convey an association placer mining claim at any time to an equal or greater number of mining claimant. If you want to transfer an association placer claim to an individual or an association that is smaller in number than the association that located the claim, you -
(a) Must have discovered a valuable mineral deposit before the transfer; or
(b) Upon notice from BLM, you must reduce the acreage of the claim, if necessary, so that you meet the 20-acre per locator limit.
Just thinking ...
if he sell's them they will be voided, and all the new owners could do is scramble to file new proper location notice's
or take the sellers to court. so its a good thing someone said something.
since the current owners haven't got the 30 day notice yet,
could they reduce them to two 40 acre claims and file two new claims on the remainder?
Yeah, you guys are right, we are going to pull the ad for now.
I wrote a big response, but deleted it as I didn't like the way it was stated.
Clay I will PM you in the near future.
Federal Register / Vol. 68, No. 206 / Friday, October 24, 2003/Rules and Regulations 61073
3833.33 How may I transfer, sell, or otherwise convey an association placer mining claim?
You may transfer, sell, or otherwise convey an association placer mining claim at any time to an equal or greater number of mining claimant. If you want to transfer an association placer claim to an individual or an association that is smaller in number than the association that located the claim, you -
(a) Must have discovered a valuable mineral deposit before the transfer; or
(b) Upon notice from BLM, you must reduce the acreage of the claim, if necessary, so that you meet the 20-acre per locator limit.
Just thinking ...