CA 40 Acre Claim question

[Bodfish Mike]

California : Does a 40 Acre claim need Two people on file to be valid ?
Another words can one person file as a sole owner of a 40,60,80,100,120 and so on acre claim or
is he limited to 20.

Thanks Mike

 

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[RobertF]

Thanks for the info gentlemen - Lots learned.

I don't think anyone is checking though as I look up claims I see an 80 with one name listed even a 160 with only two names listed. There is also a 40 I know about near me with two names listed and one of the guys has been deceased for over five years.
So I don't think anyone is checking.
They may be Perfected claims as clay pointed out -- if not would they be valid ? If there are rules you have to play by them right.
One thing I know the spot I want won't be Perfected as I have never Perfected anything.
Mike

The more you dig into the records the more you'll find these filings. I dig them up all the time, filed with BLM but not with the county or vice versa. Two locators for 120 acres, etc.

Many people are confused about BLM fully checking paperwork at the time of filing. They think if they get it back, it's a 100% valid claim. It's long apparent the initial BLM "checking" involves taking your payment, stamping a serial number on the docs and mailing them back to you.

 

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[russau]

Eacoenviromentalterriorists have been claiming land just to keep people off it ! This has been going on in a lot of the western states. YEP paper claims for sure! and when you do find them , what are you prepared to do about it?? What would the dispute procedure be??

 

[RobertF]

Eacoenviromentalterriorists have been claiming land just to keep people off it ! This has been going on in a lot of the western states. YEP paper claims for sure! and when you do find them , what are you prepared to do about it?? What would the dispute procedure be??

Realistically, if their paperwork is in order, it's going to cost you a lot of money to try and dispute the validity of the claim. You can try and push for a validity test but unless your local BLM really likes mining, good luck on that endeavor.

 

[Clay Diggins]

Eacoenviromentalterriorists have been claiming land just to keep people off it ! This has been going on in a lot of the western states. YEP paper claims for sure! and when you do find them , what are you prepared to do about it?? What would the dispute procedure be??

The legal procedure has been the same since the first mining act in 1865.

If you believe you can prove that a prior existing (senior) mining claim is invalid and you have concrete reason to believe the claimed area has a valuable mineral deposit you may make an adverse (junior) claim in the same or coinciding location and sue the senior claimant in your local court of record within 30 days of your location.

There is no Federal agency or court that has a duty to pursue your adverse claim or to act against another claimant so you can prospect or claim their location.

If you want action you will need to act on your own authority with your own time and money. Courts of record are not very expensive nor do they require you hire a lawyer. In most States disputes involving real property get moved up to the front of the line if you push the issue. In other words it's quick and easy but if you don't have good evidence the senior claim is invalid the whole experience is going to get expensive when the Judge awards the senior claimant all their expenses and the claim.

The 1865 mining act in it's entirety:

That no possessory action between individuals in any of the courts of the United States for the recovery of any mining title, or for damages to any such title, shall be affected by the fact that the paramount title to the land on which such mines are, is in the United States, but each case shall be adjudged by the law of possession.

That's why the BLM, Forest Service and your Sheriff tell you "It's a civil matter" whenever there is a dispute between miners over claimed ground.

If you aren't willing to overclaim (possess) the bogus claim and sue the senior claimant for possession you have no right to complain that another man's claim is invalid. Respect your fellow miner and if you want to talk the talk the law is clear that you must walk the walk.

So...

what are you prepared to do about it??

Heavy Pans

 

[Johnnybravo300]

Clay, what is perfecting a claim mean and how could it protect you from the feds taking it? I didn't understand that.

 

[Johnnybravo300]

Nevermind. I did a search and found Bejays post on it.

 

[deserdog]

Does the requirement for claimants change is a claim is sold?

 

[Clay Diggins]

Does the requirement for claimants change is a claim is sold?

No, the requirement only changes after a claim has been perfected no matter who owns it.

With proof of a valuable mineral deposit the claim can be held by one person no matter what the size. Perfection also protects your interest in the minerals from a government taking. Professional miners do their best to perfect their claims within the first year or two. I doubt that even 1% of posters on these internet forums have even started the process of perfecting their claims. Without a perfected claim you need to observe the 1 locator for every 20 acres rule. Without a perfected claim the government can take your claim without compensation.

Heavy Pans