Placer discovery over a lode claim

[Rail Dawg]

I know this has been discussed here before but am getting conflicting opinions even from attorneys well-versed in mining law.

If there is a lode claim can a prospector hunt for placer gold on this claim he doesn’t own?

If a placer discovery is made can a placer claim be filed on top?

Clay and others I know this is a repeated subject but a definitive answer would be appreciated.

There’s a battle going on and both sides are entrenched.

Thanks.

Chuck

 

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[IMAUDIGGER]

Seems a really good example could be float gold on/downhill of a load deposit.
Very common.

 

[Clay Diggins]

The General Mining Act of 1872

SEC. 3. That the locators of all mining locations heretofore made, or which shall hereafter be made, on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim exists at the passage of this act, so long as they comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with said laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations

There is no circumstance where it is lawful to prospect either a lode claim or a placer claim without the permission of the claim owner. None. ALL the valuable minerals within the claim boundaries are the property of the claim owner no matter what type of claim they own.

The right to locate a mining claim comes from the discovery of a valuable mineral but there is nowhere in the law that says the minerals owned are limited to the mineral discovered.

Respect your fellow miner's claims, learn the law and these sorts of questions won't even come up.

Heavy Pans

 

[winners58]

you cant file a placer over a lode claim because it is already encumbered by a valid mining claim
you can not make a discovery on land that is not open at the time of location and would be invalid.
The owner of a valid mining location, whether lode or placer, has the right to the exclusive possession
and enjoyment of all the surface included within the lines of the location.
SCOTUS - Clipper Mining Co. v. Eli Mining Co., 194 U.S. 220 (1904)

 

[Rail Dawg]

The General Mining Act of 1872

Respect your fellow miner's claims, learn the law and these sorts of questions won't even come up.

Heavy Pans

There’s a battle between claimants going on.

Sometimes I have to review what I think I know.

The mining law is very clear cut in this regard and I appreciate your posting it.

Interesting how a mining law attorney will say otherwise.

Perhaps they are just looking for billable hours...

 

[Bonaro]

Filing a placer claim requires a discovery of valuable minerals. Discovery cannot be made if a lode claim exists because it would require the potential placer claimant to be guilty of Mineral Trespass in order to discover it. The minute the placer claimant files his notice of discovery, that document becomes evidence against him.

 

[gold tramp]

How bout filing over if you find meteorite, I know the answer.
Just wanna add to the mix.
Gt.....

 

[Goldwasher]

You can file a claim for meteortie minerals. Not a meteroite specifically. Normal claim rules apply. So, if you don't have permission you can't look.

seems like it would be pretty hard to turn a few small chunks of rock into a valid mineral deposit.

 

[Bejay]

So the question also becomes:...."can you file a lode over a placer?" I know it is often done where clubs file and have claims and members therefore can prospect on the club claims. It makes for some interesting concepts that occur.


Bejay

 

[Clay Diggins]

Welcome to the forum Idaho Gold.

There is no point in law or regulation where lode takes precedence over placer. If you know of such a law please share it with us.

As far as AMRA ... not sure what that has to do with the subject?

Heavy Pans

 

[Tnmountains]

I suggest if you are a new member read the rules and treat others with respect and keep the subject on topic.
Thanks!