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Thread: how do I file a claim on private land in California? Clay, John O.?

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  1. #16

    Jan 2008
    206
    194 times
    Winners58-good advice and links-thank you.

    John-I treasure you sage advice and will follow it. If I can't afford to buy I walk away-period. As you know I've got the dope on the Goler Formation and which is on BLM land and so will pursue it instead. Just need to file,get the permit and rent a backhoe. Pretty cheap to work with careful planning. I'm still kicking myself for selling my claim in Sand Canyon out in Goler so I got a school'n. Darn woodshed's anyhow!


  2. #17
    us
    Hardrock prospector

    May 2017
    Middle Oregon
    Whites, Fisher, Garrett, and Falcon.
    734
    231 times
    Prospecting
    Any other information found out about?

  3. #18

    May 2005
    St. Louis, missouri
    5,522
    3936 times
    I have always read: See who's paying the tax's and ask them! The County's Records ought to have this info! OR the Tax Assessor's office. I usually use a County Platte book bought from that County's Office. they are usually inexpensive.!
    winners58 likes this.

  4. #19
    us
    Hardrock prospector

    May 2017
    Middle Oregon
    Whites, Fisher, Garrett, and Falcon.
    734
    231 times
    Prospecting
    Quote Originally Posted by russau View Post
    I have always read: See who's paying the tax's and ask them! The County's Records ought to have this info! OR the Tax Assessor's office. I usually use a County Platte book bought from that County's Office. they are usually inexpensive.!
    Yes this can tell a lot of what is going on. Thanks for the tip russau.

  5. #20
    us
    www.FindingGOLDinColorado.com

    Jan 2012
    Summit County, Colorado
    Bazooka Goldtrap Prospector, Bazooka Goldtrap Sniper, Bazooka Goldtrap SuperMini, Angus Mackirk Expedition, custom metal sluices, Gold-n-Sand Xtream Hand pump, bench top rod mill, Whippet drywasher
    6,285
    9179 times
    Prospecting
    Quote Originally Posted by russau View Post
    I have always read: See who's paying the tax's and ask them! The County's Records ought to have this info! OR the Tax Assessor's office. I usually use a County Platte book bought from that County's Office. they are usually inexpensive.!
    Most of the county tax assessor Offices now have their ownership maps online for free
    russau likes this.

  6. #21
    us
    Jan 2011
    Bakersfield, CA
    43
    76 times
    Prospecting
    If you need help researching in Kern County, Randy... let me know. It's the area I focus on and I'm at the Hall of Records pretty regularly.

    It will be very important to trace the origins of the property as pretty much all that land was government owned at one point so depending on how/when it was transferred to private hands, the Feds may still have the mineral rights.
    winners58 and Assembler like this.
    -Robert

  7. #22
    us
    Hardrock prospector

    May 2017
    Middle Oregon
    Whites, Fisher, Garrett, and Falcon.
    734
    231 times
    Prospecting
    Quote Originally Posted by RobertF View Post
    If you need help researching in Kern County, Randy... let me know. It's the area I focus on and I'm at the Hall of Records pretty regularly.

    It will be very important to trace the origins of the property as pretty much all that land was government owned at one point so depending on how/when it was transferred to private hands, the Feds may still have the mineral rights.
    You should be able to tell us all some more information. Thanks.
    There will be a good reason how and why the Feds will still have "Mineral rights".

  8. #23
    us
    Hardrock prospector

    May 2017
    Middle Oregon
    Whites, Fisher, Garrett, and Falcon.
    734
    231 times
    Prospecting

    How and When

    Quote Originally Posted by RobertF View Post
    If you need help researching in Kern County, Randy... let me know. It's the area I focus on and I'm at the Hall of Records pretty regularly.

    It will be very important to trace the origins of the property as pretty much all that land was government owned at one point so depending on how/when it was transferred to private hands, the Feds may still have the mineral rights.
    The how and when the property was transferred could tell a lot as well. Keep us posted, thanks.

  9. #24
    us
    Hardrock prospector

    May 2017
    Middle Oregon
    Whites, Fisher, Garrett, and Falcon.
    734
    231 times
    Prospecting
    Quote Originally Posted by RobertF View Post
    If you need help researching in Kern County, Randy... let me know. It's the area I focus on and I'm at the Hall of Records pretty regularly.

    It will be very important to trace the origins of the property as pretty much all that land was government owned at one point so depending on how/when it was transferred to private hands, the Feds may still have the mineral rights.
    You may run into the following:
    43 U.S. Code 146 - Patents to purchasers of lands withdrawn
    https://www.law.cornell.edu/uscode/text/43/146
    Upon payment of the purchase price the Secretary of the Interior is authorized by appropriate patent to convey all the right, title, and interest in and to said lands to the purchaser at said sale, subject, however, to such reservations, limitations, or conditions as said Secretary may deem proper: Provided, That not over one hundred and sixty acres shall be sold to any one person: Provided further, That any patent issued hereunder shall contain a reservation to the United States of all oil, gas, coal, and other mineral.
    (Jan. 26, 1921, ch. 27,  2, 41 Stat. 1089.)
    43 U.S. Code 326 - Unsurveyed lands not subject to entry; preferential right of entry after survey
    From and after March 28, 1908, the right to make entry of desert lands under the provisions of sections 321 to 323, 325, and 327 to 329 of this title, shall be restricted to surveyed public lands of the character contemplated by said sections, and no such entries of unsurveyed lands shall be allowed or made of record: Provided, however, That any individual qualified to make entry of desert lands under said sections who has, prior to survey, taken possession of a tract of unsurveyed desert land not exceeding in area three hundred and twenty acres in compact form, and has reclaimed or has in good faith commenced the work of reclaiming the same, shall have the preference right to make entry of such tract under said sections, in conformity with the public land surveys, within ninety days after the filing of the approved plat of survey in the district land office.
    (Mar. 28, 1908, ch. 112,  1, 35 Stat. 52.)

  10. #25
    us
    Hardrock prospector

    May 2017
    Middle Oregon
    Whites, Fisher, Garrett, and Falcon.
    734
    231 times
    Prospecting
    Quote Originally Posted by RobertF View Post
    If you need help researching in Kern County, Randy... let me know. It's the area I focus on and I'm at the Hall of Records pretty regularly.

    It will be very important to trace the origins of the property as pretty much all that land was government owned at one point so depending on how/when it was transferred to private hands, the Feds may still have the mineral rights.
    If you happen to come across the "Certificate of Surveyor" / "Mineral Surveyor" this report in part will cover:
    Strict conformity with said order.......
    the character, extent, location, and itemized value therof are specified therein with particularity and full detail.
    If a different "Survey" was made this will be very clear by looking at the "Certificate of Surveyor". This can be part of the 'how/when' it was transferred.

  11. #26
    us
    Jan 2011
    Bakersfield, CA
    43
    76 times
    Prospecting
    What you have to research (easiest through the GLO) is the authority under which the land was transferred to private ownership. For example, if it was under the Stock-Raising Homestead Act of 1916, or the Small Tract Sales of 1938, unlike other acts like the Homestead Act of 1862, those two separated the surface rights from subsurface rights and the US government retained the subsurface rights.

    Even if the US government retains the rights doesn't mean it's open for mineral entry of locate-able minerals. Because of this, I'd say before even wasting another thought on the project, find out the authority the land was transferred upon and read the applicable act to see if you can do anything, don't even worry about owner permission at this point.
    russau and Assembler like this.
    -Robert

  12. #27

    Jan 2008
    206
    194 times
    Thanks RobertF. I will check it out.

  13. #28
    us
    Hardrock prospector

    May 2017
    Middle Oregon
    Whites, Fisher, Garrett, and Falcon.
    734
    231 times
    Prospecting
    Quote Originally Posted by RobertF View Post
    What you have to research (easiest through the GLO) is the authority under which the land was transferred to private ownership. For example, if it was under the Stock-Raising Homestead Act of 1916, or the Small Tract Sales of 1938, unlike other acts like the Homestead Act of 1862, those two separated the surface rights from subsurface rights and the US government retained the subsurface rights.

    Even if the US government retains the rights doesn't mean it's open for mineral entry of locate-able minerals. Because of this, I'd say before even wasting another thought on the project, find out the authority the land was transferred upon and read the applicable act to see if you can do anything, don't even worry about owner permission at this point.
    A good place to start looking. Yes the "Acts" will make clear the 'Surface rights from subsurface rights'.

  14. #29
    Charter Member
    us
    Nov 2010
    The Great Southwest
    2,638
    7339 times
    Prospecting
    Lots of opinions here. Why not look it up rather than depend on other peoples ideas of how it should work? The law itself is the best guide.

    Heavy Pans
    delnorter and okbasspro like this.

  15. #30
    us
    Hardrock prospector

    May 2017
    Middle Oregon
    Whites, Fisher, Garrett, and Falcon.
    734
    231 times
    Prospecting
    Just wondering what "Act" the land in question is 'transferred' under? What do the 'Records' indicate about the land?

 

 
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