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Thread: Liability from "Sharing" a Claim

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  1. #1

    Mar 2016
    453
    596 times
    All Types Of Treasure Hunting

    Liability from "Sharing" a Claim

    This weekend, I made a trip to do some work down river. I drove by my dad's claims to see if I could catch the claim robbers.
    Luckily for them, our paths did not cross.

    However on the way home, I noticed the river was extremely brown and dirty - full width of the river. The thought crossed my mind that there had been a large slide or something.
    We drove several miles up river (past a friends mining claim), and the river suddenly returned to it's emerald green color.

    The claim owner has given permission to many people to prospect on his claim and many people just go there because it is a great paying claim (one of the best on the river).
    Does he have any liability for the actions of people he gives permission to prospect?

    I don't know if they were dredging. I suspect they were high banking material and allowing the tail water to run directly into the river.
    All treasures found with permission on private property or on active mining claims.

  2. #2
    us
    Jan 2011
    Bakersfield, CA
    38
    66 times
    Prospecting
    The crime has to be witnessed for the charge to stick. With that, the person doing the work when caught holds the responsibility.

    The claim owner can still be held liable for any cleanup the government tries to push. It's a civil matter, but can end up a mess trying to prove your innocence. It's guilty until proven innocent in the civil world.

    But this whole concern is why you have anyone you let use your claim, for free or whatever you chose, sign an agreement.
    Rail Dawg likes this.
    -Robert

  3. #3
    us
    Mar 2003
    Redding,Calif.
    5,674
    6245 times
    All Types Of Treasure Hunting
    If CDFW sees it then it's things get down right uncivil right quick like-John
    beekbuster and Rail Dawg like this.

  4. #4
    us
    Oct 2015
    Houston, TX
    Garrett ATX
    62
    52 times
    Prospecting
    Unfortunately we have to have a steadfast rule that no one can have access to our claims.

    In Rye Patch we see the occasional jumper.

    We don't take it lightly and the 1872 Mining Law was established for a reason.

    Being nice about claims tends to backfire as too many people take advantage of your generosity.
    Garrote Gold likes this.

  5. #5

    Aug 2015
    276
    577 times
    All Types Of Treasure Hunting
    Visitors to our claim can only go with us. Period. While it's a small creek, they can prospect where they wish, but at the end of the day all golds go in the pan and divided equally. Only the association partners when working solo can keep what they find. Maybe your claim neighbor needs to rethink his strategy

  6. #6

    Aug 2015
    276
    577 times
    All Types Of Treasure Hunting
    I should add, the claim owner IS responsible for the actions of those he allows on his claim, so any damage deemed excessive will be the claim owner's responsibility to rectify. While the guest may be cited, everything is on the claim owner for allowing it in the first place. Chose your friends well.
    et1955, russau and Hoser John like this.

 

 

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