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

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  1. #1

    Jan 2008
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    194 times

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

    I want to prospect on a spot that has a high potential for undiscovered hardrock gold according to the USGS, but it's on private land in the desert. There's a couple of sub-questions: one is if the owner DOES have mineral rights and two is if they do not. Clay or John Oates in particular I would appreciate your help.

    Much appreciated,

    Randy Seden

  2. #2
    us
    Brian

    Mar 2014
    Central Oregon Coast
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    Not only do you have to deal with the issue of who owns the mineral right you also have to deal with County and State permits or no permits!

    Bejay

  3. #3

    May 2013
    The Golden State
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    Get permission from the owner and split the gold
    ratled, Assembler and russau like this.
    I am a teacher, hydrologist, biologist and a prospector.

  4. #4
    Charter Member

    Nov 2012
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    You can't trespass. Have to deal with owner, then the government. And if a 3rd party already has the mineral right, you have to deal with them too.
    Bodfish Mike likes this.

  5. #5
    Charter Member
    us
    Scotland, Aye !!

    Oct 2004
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    Get an experienced lawyer;avoid the hassle and possibility of making a costly mistake.
    Make sure the lawyer has Errors and Omissions insurance.

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  6. #6
    Make America Great Again

    Apr 2013
    Oregon
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    you would have to find out if it is a split estate or not, it wouldn't be prospecting under the mining laws it would be leasing requiring a contract
    if the fed's or state own the mineral right, look into an exploration permit. if the state owns the mineral rights you could pay to prospect State land

    for a private land owner you would want to have a contract for protection if you find something and royalty for the land owner.
    research would include GLO records, Land status records, Master title plat, maybe title/deed search or county property tax records,
    If you find that the land owner or corporation does own the mineral rights then you would have to convince them to give you access.
    Last edited by winners58; Sep 04, 2017 at 01:25 AM.
    " A pessimist is an optimist with experience "

  7. #7
    us
    May 2009
    Sailor Flat, Ca.
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    you would have to have the right to extract the mineral and legal right to the surface. State land...sounds like a lot of time and money to be able to actually sample.

  8. #8

    Jan 2008
    206
    194 times
    Thanks guy's for all the great advice! If the USGS is correct it will be worth all the time and money. Tracking down the owner's going to be the problem. When the state added a highway to Bakersfield, they had a track owners from foreign countries! This land was sold for cheap back in the 50's and 60's.

  9. #9
    us
    May 2009
    Sailor Flat, Ca.
    Gold Bug Pro, Gold Bug 2 Burlap, fish oil,
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    Be aware that USGS shows many of the "same" deposits in "multiple" locations

    Much of that data is second hand or transfered from multiple sources. I would be wary of anything short of an actual mineral survey or locatable mine report with the actual original location description. By twnshp sec. quarter etc.

    Seems like when they started converting to GPS they scattered a lot of the info all over the map

    I rarely ever find acurate on the ground USGS data...They plot most of the mines around me way off from where they actually are.

  10. #10
    Make America Great Again

    Apr 2013
    Oregon
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    Bakersfield... that adds another dimension you would also have to check for reserved rights in deeds because of oil.
    could also work to your benefit if some big outfit holds the mineral rights, they are looking for oil you are looking for other minerals.
    could be as simple as walking into their office and signing a form to give you access.

    if its Kern county might be able to search online from here;
    Kern County Assessor - Search Page
    you'll need the tax number from the map by zooming in to your area of interest, then put that into the search page above;
    https://www.kerncounty.com/gis/gisdisclaimer.aspx (takes time to load)

    you also want to be careful what you tell them what you want to do. sampling at the surface
    or mapping out good locations is one thing, drilling, bore holes, full blown exploration would fall under CEQA.
    Last edited by winners58; Sep 04, 2017 at 05:13 PM.
    Hoser John, Mackaydon and RobertF like this.
    " A pessimist is an optimist with experience "

  11. #11
    us
    Hardrock prospector

    May 2017
    Middle Oregon
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    Original monuments

    Hello
    Since the topic of "Private ownership" is pointed out with the first post. This one would like to point out the following:
    In the event that the original monuments have become lost the surveyor cannot hope effectively to recover said corners without a full understanding of the record concerning their original establishment, nor can the surveyor hope legally to restore the same until he has mastered not only the principles observed in the execution of the original survey, but the principles upon which the courts having jurisdiction over such matters have based their rulings.
    The function of the local surveyor begins when he is employed as an expert to identify the lands which have passed into private ownership; this may be a simple or a most complex problem, depending largely upon the condition of the original monuments as affected principally by the lapse of time since the execution of the official survey.

  12. #12
    us
    Hardrock prospector

    May 2017
    Middle Oregon
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    Hello
    Is there any "Monuments and Corner Accessories" still in 'Place' in the desert? If so what are the "Markings" thereof?

  13. #13
    us
    Hardrock prospector

    May 2017
    Middle Oregon
    Whites, Fisher, Garrett, and Falcon.
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    Quote Originally Posted by Assembler View Post
    Hello
    Is there any "Monuments and Corner Accessories" still in 'Place' in the desert? If so what are the "Markings" thereof?
    Does Kern County Clerk (or the County thereof) have the "Certificate of Surveyor, Certificate of Approval, Certificate of Transcript, and Certificate for Patent Application on Mineral Survey No" on file / record?

  14. #14
    us
    Mar 2003
    Redding,Calif.
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    One ugly can of worms Randy I think you might not want to entertain. As private is private and for me that's just too much TROUBLE is to ensue. See if they want to sell would be my only suggestion contingent upon mineral rights and sampling. Just my humble opinion. John
    Goldwasher and winners58 like this.

  15. #15
    us
    Hardrock prospector

    May 2017
    Middle Oregon
    Whites, Fisher, Garrett, and Falcon.
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    Quote Originally Posted by Hoser John View Post
    One ugly can of worms Randy I think you might not want to entertain. As private is private and for me that's just too much TROUBLE is to ensue. See if they want to sell would be my only suggestion contingent upon mineral rights and sampling. Just my humble opinion. John
    It appears the "Private Land Boundaries" is made clear from a "Plat or Plats" is this correct? If so then the information is available.
    The suggestion of 'Contract contingent upon mineral rights and sampling' should be asked.
    Just asking if some of the "Certificates" can be read as well?

 

 
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