Claim on BLM land, looking for legal precedence for privacy

[Strebs]

Hello everyone, just got out of a meeting with the county/BLM agencies for the upcoming season on our mining claim. My claim runs through a public trail which our camp is off of maybe 10-20 feet through some brush. Well last year we had people coming through our camp and hanging out in there, looking through our stuff (not in our tents but still). Anyways, was wondering even though I'm on public lands there must be some law stating some privacy? Has anyone ever encountered this? My suggestion was to put up a "private no trespassing" but this was shot down since its public land. Last year someone was held at gunpoint about 10 miles from us. Rather not "have to" use the 357 mag so looking for some sort of Revised Statue, mining law, or legal document that could help my cause when presenting it to the BLM again. Another suggestion was to move the camp to a remote location, We are within some steep canyon walls and slim pickings.
Thanks everyone,
Strebs

 

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[Underburden]

You have no expectations of privacy. Unless someone is stealing your minerals, then that is a different subject.

 

[wildminer]

A dog is man's best friend.

 

[ratled]

Get a new camping spot

 

[diverrick]

Unfortunatly, BLM as well as Forest Circus land is Public, and the fact that you have mineral rights does not mean the land is yours by any means. Anyone can enter, fish, hunt, walk, ride or do what ever on the property The only thing they cannot do is look for minerals, without your permission of course. I have seen some claims where the claimant thinks a mining claim is his private property and tries to stop everyone for coming onto his claim. A few years back some bikers got shot with a shotgun carrying miner when they rode their motorcycles through the claim. The miner is now in jail, seeing as he blew the poor riders shoulder pert near clear off at point blank range. Be careful out there, and it sounds like your gonna have to strike camp every time, and not leave anything there. People these days have no respect for others property Either that or get yourself some locking tool bins to lock your stuff in while your not there.

 

[rodoconnor]

Multiple Use. What if a rancher's family has been grazing cattle there for 150 years, and suddenly because of a mining operation, they are denied access to grass and water ? There has to be room for every body.

 

[Primus Palus]

Frankly if I was on public land and came upon a mining camp I'd be curious too. Especially if no one is there but it's all set up. Sounds like you need to buy up a new claim on property you own.

 

[Goldwasher]

he's not talking about legal use of public land. He is talking about someone rifling through his possessions. That is illegal. It has nothing to do with the fact that it is a claim even.
Unless you want to count the fact that yes , no one is allowed to interfere with your prospecting or mining. I consider going through a claim owners camp to be messing with the operation.

Messing with your property that you have not abandoned on public lands is not allowed.

Just because I come camp next to you at a fishing hole in the national forest that is both "ours" I can't go checking out your tackle box and check your ice chest to see if we drink the same beer.

Strebs put up a notice in your camp that you are working your legal claim and that messing with your stuff is illegal. Get a trail cam or two. I always take pictures of licsense plates if a vehicle is parked near our claim.

Blm can't do much if they don't have anything to go on. You are allowed to protect your "real" property and your personal property from vandalism, theft and inspection by non authorized persons.

 

[Strebs]

Wildminer, I'll never leave home without my dog, has alerted us a few times last year with bears as well as people.

Ratled, I believe in a no retreat, no surrender mentality plus its the only spot out of flood areas very narrow.

Diverrick, I agree heard many stories here in NM where people been shot at for being "too close" Its unfortunate. I did get a hard shed and some lock boxes, hopefully put my mind at ease alittle



I forgot to mention that I have a POO, I needed this for my suction dredging because of the "occupancy clause" (43 CFR 3809.5 (2)). Which subpart 3715 defines occupancy as "Full or part-time residence on the public lands. It also means activities that involve residence; the construction, presence, or maintenance of temporary or permanent structures....Not limited to barriers to access, fences, tents...." So if this is correct then one would think I would be able to build a gate and fence. When I wrote the POO i guess i didn't figure how many yahoos would be in my AO . Has anyone dealt with occupancy within their claims?
Thanks again,
Strebs

 

[Strebs]

Rodoconner, I understand that everyone needs access, I just want to enclose my camp area off not the entire 20 acres.

Primus Palus, You stay out of my honey hole! Being curious and sitting down in my chair while letting your dog eat my dogs food. Then question me about "what are YOU doing here?" I hope is different.

Goldwasher, You hit it on the head, after being told no to "no tresspassing" I was trying to figure out another way of saying it " Authorized entry only" or something along them lines. Trail cams were up and I showed them to the BLM field agent that would come visit the site, he seemed not interested in the matter and never heard further.

Thanks,
Strebs

 

[Cassews]

he's not talking about legal use of public land. He is talking about someone rifling through his possessions. That is illegal. It has nothing to do with the fact that it is a claim even.
Unless you want to count the fact that yes , no one is allowed to interfere with your prospecting or mining. I consider going through a claim owners camp to be messing with the operation.

Messing with your property that you have not abandoned on public lands is not allowed.

Just because I come camp next to you at a fishing hole in the national forest that is both "ours" I can't go checking out your tackle box and check your ice chest to see if we drink the same beer.

Strebs put up a notice in your camp that you are working your legal claim and that messing with your stuff is illegal. Get a trail cam or two. I always take pictures of licsense plates if a vehicle is parked near our claim.

Blm can't do much if they don't have anything to go on. You are allowed to protect your "real" property and your personal property from vandalism, theft and inspection by non authorized persons.

----------------------------------------- ----------------------------------------- ---------------------- ----------------------
I agree as there is not much unless you also contact the county mounty (Sheriff) with a picture of the person, a date, time and a license plate number. Then they can go to that person and scare the dickens out of them as to what they were doing there; confront them with pictures as well.

I work with the Geologists, local county Sheriffs, and BLM to give them pictures and permission to go scare people. BUT as I was told curosity is in all human beings from the time we are born and we need to let people know its not right to rifle through my items when I am working on a claim. Put up the notices around that you are legally working a private claim and its under survelliance. The authorities will be called and its not only an invasion of your privacy, but your right to have these such notices on your claim. Many people only think the signs are just words but when followed up by a visit from a local county mounty many change their tune.

A gun only starts more problems and don't get me wrong; many of us women prospectors carry sidearms for our own protection (we announce to strangers after we find out their intentions that we are carrying, if a bunch of us ladies are out without a he-man to protect us ).

Is your area an open carry state ? Sometimes the sight of a firearm is enough to scare people away or it can start problems. In our case we put up the signs and verbally tell people to leave our stuff alone as one or another of us is at a camp at all times. I understand if you are by yourself, you may have to just put all your stuff in the camper and lock it or in your tent.

Pictures say a thousand words to the police community.

 

[sherm]

Put up a sign by your camp so you are reminded of course, caution, Poisionous snake area.

 

[Rawhide]

Multiple Use. What if a rancher's family has been grazing cattle there for 150 years, and suddenly because of a mining operation, they are denied access to grass and water ? There has to be room for every body.

Ranchers will run you off no matter what your doing. Its best to have a gps that denotes public and private land.

 

[rodoconnor]

I never have and neither have anybody I know.Ranchers are under a microscope. The authorities would love nothing more than an excuse to make a rancher's life miserable. Most ranchers kinda like having an extra set eyes out there.

 

[ecmjamsit]

Open Range Doctrine. In Colorado this applies. You want to keep somebody out, you fence it off. Probably have to have it approved by BLM. Your area may be different.

 

[Primus Palus]

But some radiation signs up. People don't mess with radiation. You can always leave a hazard suit visible too.

 

[Shankersbend]

In Washington state it is a felony to "mess" with a mining site. 'Mess' and 'site' are broad. Here in Washington, I consider my site and camp as one - felony. I have always found that you can't find mental serenity in counseling, and you can't find protection with the law. Dog - I always adopt a used dog so I don't have to pay for a new one. They depreciate fast.
Gun - some, various caliber, various use, always handy, always hidden. There is no specific law which prevents your problem but there are a few
things you can do to stop it.

I always invite visitors in to have coffee or a beer. This gives me a chance to assess their character and danger point. (You've heard the saying "keep your friends close, but your enemies closer")

I determine what they are looking for or trying to do. I determine their attitude and potential for covert or overt activity. I determine at what point I may have to kill them. Then I determine everything else, tell the dog to lay down, and hand out some more cold beers, and the have a talk about stuff people talk about.

I was in a spot where I didn't want to revert to shooting folk so I started acting very strange and they all left. Another time near Marine Air Station Yuma a bunch of off duty Marines ran me outta camp. I moved nearby. Later that night the booze and shotguns came out. Ruined my camp and night. So I put on some black sweats, a
black boonie hat and with my 12 ga. combat pump walked into the middle of their camp (my camp) and asked if I could play. I told them I was a Marine, too, but
retired. I saw their pop can targets, and long barrel bird guns, and I saw them, just dumb arse kids playing bad. I shot down every can rapid fire pump, looked at their leader and told him it was time for them to leave. They did. Semper Fi. Have a plan.

 

[SaltwaterServr]

But some radiation signs up. People don't mess with radiation. You can always leave a hazard suit visible too.

I've found that asbestos signs are REALLY useful as well. No one knows what it looks like in nature, and everyone is dang scared of it. I also have a crap ton of arsenic on my claims so that sign is going up too.

 

[rodoconnor]

Serpentine certainly has a lot of asbestos. Lol

 

[mytimetoshine]

this sounds like an opportunity to use the old 6 pack of beer covered in Poison oak technique

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