Quit claim with small miners waiver

spillercanyon

Sr. Member
Jan 4, 2012
269
466
California
Primary Interest:
Prospecting
I have a claim that I am going to either sale, give to a club or just let go. I understand most of the logistics involved but I file a Small Miners Waiver which clouds the issue (at least for me). I have filed a 2017 Small Miners Waiver on the claim in question.

Am I responsible for $100 worth of work regardless of what I do?

If I sale it or give it away, do I need to do the work, the new claim owner need to do the work or would the new claim owner have to pay next year?

Is there anything else I need to know when getting rid of a claim that has a Small Miners Waiver attached to it?

Thanks.
 

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jere64ca

Full Member
Jul 16, 2016
131
189
San Luis Obispo, CA.
Detector(s) used
GB Pro
Primary Interest:
All Treasure Hunting
The Affidavit of Assessment Work must be filed with BLM before December 30th, it must be filed with the county as well, some counties have different filing deadlines. It would be nice if you filed the paperwork being that you owned the claim for the majority of the year but a new claim owner can file it as long as it is done by the deadlines. Either you or the new claim owner must do it,,,, whoever does the work should file the Affidavit.

A Quit Claim should be notarized.
 

winners58

Bronze Member
Apr 4, 2013
1,729
4,058
Oregon
Primary Interest:
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the work for last year (2016) had to have been done before Sept. 1st. and should be filed by you before you transfer the claim.
once you transfer it becomes the new owners responsibility, ether they qualify for the small miners waver that you've filed for 2017 and assume your waver
they would file an assessment affidavit by Dec. 30th 2017 or they will have to pay the 155 for each 20 acres to BLM
the filing next Sept.1st is for the 2018 year and has no bearing on this years labor requirement.
 

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spillercanyon

Sr. Member
Jan 4, 2012
269
466
California
Primary Interest:
Prospecting
Thanks jere64ca.

I have filed the Affidavit of Assessment Work with both the county and BLM for this years deadline. If I sale it, would the buyer have the option to either pay or file an Affidavit of Assessment Work next year? I believe he would have to file an Affidavit of Assessment Work and then either pay for the following year or file a small miners waiver. If I just don't file my paperwork next year, am I on the hook for $100 because I did file a small miners waiver? The reason I ask is I like to understand the process and I like to be straight up with people and if/when I transfer the claim, I would like to be able to clearly spell out what the new owner needs to do to maintain legal ownership of their new claim.
 

jere64ca

Full Member
Jul 16, 2016
131
189
San Luis Obispo, CA.
Detector(s) used
GB Pro
Primary Interest:
All Treasure Hunting
Yes, the new claim owner has the option next year, he can pay the fee or file a Small Miners Waiver.

No, you will not be "on the hook" next year.
 

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