California Claim Staking Questions

[robbieg]

Hello Everyone,

I'm in the process of trying to stake my first claim in California and was hoping I could get some help from people experienced with claims in my state.

My first question is regarding the California laws regarding the monuments and corner posts. I have searched extensiveley and can find a bunch of stuff for other states but nothing for CA. Can anyone tell me where to find the CA laws. I have the information that I got from the BLM office which has the federal requirements but it says to check state law as well. Do you need corner posts in CA? I ask because there are claims on both sides and I haven't seen any posts. I'm going to go search again after this next round of storms.

My second question is regarding the use of GPS for claim boundaries. Is it ok to use lat. and long. to find the corners of a claim? My plan is to get the coordinates from mylandmatters and map those on a GPS unit.

Last one. What can you do if one or more of the corners is in a dangerous location (steep/cliff), Is it ok to post a monument with directions to the corner?

Thank you so much for your help.

RG

 

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[Johnnybravo300]

I'm trying to learn the same things in Colorado. This is very interesting.

 

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[Goldwasher]

Even though California does not require corner markers be placed, it's always a good idea to do so as a courtesy to other prospectors. Keeps the honest ones honest and puts the not so honest ones on notice. Signage is not expensive and just might keep that big old nugget on your claim sitting there till ya dig it up.

I guess in an arid open area I could consider that. Though where our claims are I would have to cut brush and give directions to the corners. I have signs at every entry point. I don't have the time to deal with what ifs .." hey man I'm sorry I hiked in from over the hill, my uncles property I didn't see your corners or signs... but, I promised I looked" Even if I put up a sign every hundred feet through the Chaparral you would/could miss them. Its a highgraders favorite retort..."I didn't see any markers"
Lode claims I understand

 

[RobertF]

I guess in an arid open area I could consider that. Though where our claims are I would have to cut brush and give directions to the corners. I have signs at every entry point. I don't have the time to deal with what ifs .." hey man I'm sorry I hiked in from over the hill, my uncles property I didn't see your corners or signs... but, I promised I looked" Even if I put up a sign every hundred feet through the Chaparral you would/could miss them. Its a highgraders favorite retort..."I didn't see any markers"
Lode claims I understand

I'm in the same boat. My corner markers would have to be 20'+ to be seen above the brush so instead I mark all the entry points. While I've ended up placing more signs than some would say are required, I've done a fairly good job of eliminating the possibility of "Oh I didn't see any markers..."

 

[goldenIrishman]

I guess in an arid open area I could consider that. Though where our claims are I would have to cut brush and give directions to the corners. I have signs at every entry point. I don't have the time to deal with what ifs .." hey man I'm sorry I hiked in from over the hill, my uncles property I didn't see your corners or signs... but, I promised I looked" Even if I put up a sign every hundred feet through the Chaparral you would/could miss them. Its a highgraders favorite retort..."I didn't see any markers"
Lode claims I understand

That's the rub with having different requirements in different states. Here in AridZona, corner markers are required by law. Every turn of the claims border is SUPPOSED to have a marker post with signage listing the corner number along with the distance and the bearing to the next corner or turn. Claims in the higher elevations often run into the problem of brush that you mentioned, (It's not ALL flat desert here ya know ) but the law still requires the markers be placed. Does everyone follow the rules? Of course not! This to my mind is the main reason that it's so important to do your proper due diligence before you put boots on the ground. I think that the majority of people that are just starting out in prospecting have no idea of what kind of trouble they can get into when it comes to mineral trespass.

Having signage on the entries/exits is a good idea, but that only works if there is a drive-able road thru the claim. We all know that there are a lot of claims that require the owner to hike in.

 

[RobertF]

To that point, if CA law required the corner posts, I'd have them up... but I'd also have up the signs on the entry points. I've got several cow paths, in addition to the dirt roads, that cross one of my claims and each one has a sign on it. Be damned if some cow is going to try to tell me they didn't know it was claimed land.

 

[goldenIrishman]

LOL Yeah.... Gotta watch them cows! They're sneaky buggers!

 

[minerrick]

Don't forget to copy down the locations of the other claimholders in the same section (and their coordinates as per LR2000) and then take a trip to the local county recorder's office to pull the location notices of those in your same section. Just to be clear where everyone else's claim lays in relation to yours. What you may also find from your research at the recorders office:

1. Claims filed at BLM and not at the recorders office
2. No record of claim holder ever paying taxes or fess to recorder's office
3. Claims filed in wrong sections by description
4. Several people filed on top of each other on the same claims (happens a lot on NF Yuba)

The people at the recorder's offices are usually very nice and willing to help you do research

 

[Goldwasher]

That's the rub with having different requirements in different states. Here in AridZona, corner markers are required by law. Every turn of the claims border is SUPPOSED to have a marker post with signage listing the corner number along with the distance and the bearing to the next corner or turn. Claims in the higher elevations often run into the problem of brush that you mentioned, (It's not ALL flat desert here ya know ) but the law still requires the markers be placed. Does everyone follow the rules? Of course not! This to my mind is the main reason that it's so important to do your proper due diligence before you put boots on the ground. I think that the majority of people that are just starting out in prospecting have no idea of what kind of trouble they can get into when it comes to mineral trespass.

Having signage on the entries/exits is a good idea, but that only works if there is a drive-able road thru the claim. We all know that there are a lot of claims that require the owner to hike in.

Just an atv trail and I put signs on the creek where our lines cross. That's my small print. If I find someone with gear and they tell me they didn't see my signs or that they bush whacked in. I will deem their level of responsibility at the " Don't BS me" and we will be having a talk.

If I had to have corner markers I would put them in. And let the brush grow back and be in the same boat. Everything I do is based on "requirements" . Our claims are surrounded by private land. So, visitation has a bit more intent implied than other claimowners experience.

 

[Goldfleks]

Can you sluice/pan dirt in the river thats claimed that you dug off-site? I know its splitting hairs but for instance an old mining claim in a canyon over is no longer claimed. But has no running water. Can i haul samples from the wash to the neighboring canyon that has water and sample pan? That canyon has active claims.

 

[goldenIrishman]

You're getting into a very gray area there Goldflecks. If it were me, I'd contact the claim holder with the stream on his/her claim and let them know of your plan in advance. They catch you washing dirt on their claim and you haven't let them know in advance the burden of proof falls on you. Of course if they're good people you may be able to show them where you were digging and all is well. If that fails to smooth things over, you might try hauling out something of a different kind of "proof". I'd suggest something of say 80 proof or higher. (Strictly for medicinal reasons of course! Like snake bite preventative.)

If for some reason you haven't met said claim holder yet, their contact info can be had from the records at the recorders office or the paperwork that is SUPPOSED to be on the monument of discovery.

 

[Goldwasher]

I consider a pan or a detector on my claim intent. And Panning a prospecting activity. So even though you didn't dig on the claim..it would still not be all that good of an idea with out knowing the owner and having expressed permission.