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Thread: Ive been Claim Jumped!

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  1. #16
    us
    Brian

    Mar 2014
    Central Oregon Coast
    Whites GMT Garret fully underwater
    928
    2200 times
    Prospecting
    Given what you have said I would send a certified letter to the individual explaining what has transpired and see what transpires. No doubt the individual paid fees and did all that they thought was required. They no doubt have a BLM number. Like most they would feel comfortable with their position...so you would have to do a good job in explaining the circumstance that led to this happening. Hopefully they will respond.....you may want to give them your phone number. If they call and you discuss the issue you would want to follow up with a letter saying what was discussed.


    If that does not prove to resolve the issue satisfactorily the method of resolve is quite clear. The mining law tells you exactly what to do next: adjudicate it. That process is quite a process of procedures that would have to be followed. Go for the 1st approach of contact and see what happens. if that fails come back and let us know...then more forum discussion can move you forward further.


    These kinds of claim dispute instances are a real pain; if you have to adjudicate them.


    Possession is the immediate demand placed on you....possession is important. I would advise against disturbing his markers....but make yours more prominent.


    Bejay
    Last edited by Bejay; Jan 28, 2019 at 10:50 AM.
    Asmbandits and Bonaro like this.

  2. #17

    Mar 2014
    NorCal
    Fisher GB2, Bazooka Prospector 36", EZ sluice, Blue Bowl..
    915
    2042 times
    All Types Of Treasure Hunting
    I gave the guy a call this am and spoke with him and informed him of the situation. He in deed filled over my claim, and says the blm and county let him and he is un sure why they would let him if it were not available... I explained that the blm and county are not legally held responsible in this situation and that they only record information and are not the regulators of this stuff, instead us as individuals are held accountable and what makes a claim legal is the correct process and actions of the claim holder.

    I advised him to look into things further on his end and that I would be headed back up to correct the signs. I asked if he still had my placard and he said he didn't think so.. I did not mention the compensation for signs/fuel as I was trying as hard as possible to calmly talk and keep it as civil as possible.

    Not sure where to go from here, possibly i'll give him a call back with some time and see what he found. I understand his frustration to a degree as the blm really lead him towards all this, yet a proper understanding of how claim legality works and proper due diligence would have possibly avoided this all together.
    Come check out my California Mother lode Adventures!---->https://www.youtube.com/channel/UC4U...aqFXriPUONmEtw

  3. #18
    us
    Brian

    Mar 2014
    Central Oregon Coast
    Whites GMT Garret fully underwater
    928
    2200 times
    Prospecting
    It would appear you will be faced with adjudicating it in County court. In order to get to the court you will have to follow certain procedures...and they take time. I believe since Calif considers claims to be "real property" the issue will go to the County Court as a real property dispute. In my past instance I had to pay to have the over claimer served. Then there are time frames for responses to occur and such......Demand letter etc. I doubt if the BLM will get involved other than providing you your case file. Good Luck


    Bejay
    Asmbandits likes this.

  4. #19
    us
    May 2009
    Sailor Flat, Ca.
    SDC2300, Gold Bug 2 Burlap, fish oil, ACME handbook for TRUE prospectors (unread)
    5,183
    11216 times
    All Types Of Treasure Hunting
    Banner Finds (1)
    Oh man...

    Well, Gerry you know i'm close.

    text me your claim #again..or Ill look it up again and his .

    i'm gonna be in town Wednesday morning . I'll go by the county and look at his recording just to see.

    if you need anything served let me know I'll hand deliver it.

    Small town I'll be interested to see the name.

    You know I'll head out there and help you keep your eye on it.

    It doesn't take much to file to get a case.

    If theres anything I can get or turn in at the courthouse for you let me know.

    Unfortunately i end up in Pville about once a week.

    if I'm helping you out at least I'll actually have a good reason to be there .


    Text me

  5. #20

    Mar 2014
    NorCal
    Fisher GB2, Bazooka Prospector 36", EZ sluice, Blue Bowl..
    915
    2042 times
    All Types Of Treasure Hunting
    It is somewhat frustrating that a claim holder would have to jump through so many hoops when others do wrong. I understand process but it seems ubsurd to a degree anyone can come along and cause this mess for me. Part of owning a claim I guess, honestly I don't feel like I should have to prove anything, what good is a mineral claim it's anyone at any time can over file?

    Since I know I'm in the right regardless, can't I just continue to go to my claim as normal and go after criminal prosecution if people keep defacing and stealing signs and minerals?
    Come check out my California Mother lode Adventures!---->https://www.youtube.com/channel/UC4U...aqFXriPUONmEtw

  6. #21
    us
    May 2009
    Sailor Flat, Ca.
    SDC2300, Gold Bug 2 Burlap, fish oil, ACME handbook for TRUE prospectors (unread)
    5,183
    11216 times
    All Types Of Treasure Hunting
    Banner Finds (1)
    Quote Originally Posted by Asmbandits View Post
    It is somewhat frustrating that a claim holder would have to jump through so many hoops when others do wrong. I understand process but it seems ubsurd to a degree anyone can come along and cause this mess for me. Part of owning a claim I guess, honestly I don't feel like I should have to prove anything, what good is a mineral claim it's anyone at any time can over file?

    Since I know I'm in the right regardless, can't I just continue to go to my claim as normal and go after criminal prosecution if people keep defacing and stealing signs and minerals?

    whats worse is with mineral tresspass even your not gonna get much help.

    When you start your case you can include your costs. when he loses he will have to pay you that and any costs incurred for the case.

    hopefully reminding him of that. Him realizing that the county and BLM didn't "let him" do anything. That its his responsability to know.

    and that doesn't help him..

    hopefully he will just eat it and move on. Otherwise it is conna cost him some bread.

    Him finding out that there are actually people close who will keep an eye out should help too.
    Asmbandits, Bejay and Bonaro like this.

  7. #22
    us
    May 2009
    Sailor Flat, Ca.
    SDC2300, Gold Bug 2 Burlap, fish oil, ACME handbook for TRUE prospectors (unread)
    5,183
    11216 times
    All Types Of Treasure Hunting
    Banner Finds (1)
    Found him.. So, he lives ten minutes from you...

    Ol Stevie boy screwed up..
    Bejay and Asmbandits like this.

  8. #23

    Mar 2014
    NorCal
    Fisher GB2, Bazooka Prospector 36", EZ sluice, Blue Bowl..
    915
    2042 times
    All Types Of Treasure Hunting
    Jarrod yeah it's a nutty works out there, all we can do is our best it seems..

    After the call I texted him a link to this thread, not sure if he will read it or not. He should take some time in this site to ask some questions even on his situation as I think he believes that the fault lies with the blm. He said he checked with the county but not sure if our what happened there but that should have been of the end of it.

    He lives 10 minutes from me in the valley!
    Come check out my California Mother lode Adventures!---->https://www.youtube.com/channel/UC4U...aqFXriPUONmEtw

  9. #24
    us
    May 2009
    Sailor Flat, Ca.
    SDC2300, Gold Bug 2 Burlap, fish oil, ACME handbook for TRUE prospectors (unread)
    5,183
    11216 times
    All Types Of Treasure Hunting
    Banner Finds (1)
    i'm still gonna go to the county and double check what he recorded.

    hey Steve
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  10. #25

    Mar 2016
    1,275
    1956 times
    All Types Of Treasure Hunting
    A certified letter documenting the conversation would be a good idea.
    Personally I would write the letter as if it was the first thing a judge would read if this went to court. Short and concise.
    All treasures found with permission on private property or on active mining claims.

  11. #26
    MAGA

    Dec 2015
    Oregon Coast
    484
    719 times
    Prospecting
    Steve, Be careful, the "Washer" is on it.

  12. #27

    Mar 2014
    NorCal
    Fisher GB2, Bazooka Prospector 36", EZ sluice, Blue Bowl..
    915
    2042 times
    All Types Of Treasure Hunting
    Goldwasher helped me file correctly in the first place and is a good friend and lives not only in gold country but deals first hand with this stuff frequently and understand it well as do others here. I appreciate every bit of his and your help.
    Last edited by Asmbandits; Jan 28, 2019 at 01:28 PM.
    Come check out my California Mother lode Adventures!---->https://www.youtube.com/channel/UC4U...aqFXriPUONmEtw

  13. #28
    bug
    bug is offline

    Jun 2008
    Nor Cal
    176
    256 times
    All Types Of Treasure Hunting
    Man Im curious what dude was thinking to over file when your signs are fresh and posted right there. You would think the normal reaction when encountering claim posts would be stop, do more research, and see where the discrepancy is, if one was perceived. BLM and the County recorders need not even have any paperwork and the claim can still be 100% legit out to 90 days.

  14. #29

    Mar 2014
    NorCal
    Fisher GB2, Bazooka Prospector 36", EZ sluice, Blue Bowl..
    915
    2042 times
    All Types Of Treasure Hunting
    Yeah, you don't find too many these day taking the time to mark in the extent I did, making it even more bothersome. Everything is brand new still you can tell.. it's hard not getting upset about that aspect.

    I assume it may have aided this individual possibly to some degree, it would be easy to find my discovery monument and take the location notice and use it to top file which sounds like is the case..

    Here is the real kicker though, he claims to have checked with blm and county, the blm typo was made in the coordinates, you could still find the claim if you ran a report by anything but coordinates. He had all my info which if brought to the blm would have still showed up with that info and that should have been the end of it there.

    It just seems like no actual research was done, or was this an intentional grab of some sort or just plain straightht up theft..
    bug likes this.
    Come check out my California Mother lode Adventures!---->https://www.youtube.com/channel/UC4U...aqFXriPUONmEtw

  15. #30

    Mar 2016
    1,275
    1956 times
    All Types Of Treasure Hunting
    What steps should this guy take to correct the situation? Is there a form he should file to cancel his claim? He must have though you let your claim go or didnít file your paperwork on time.
    Asmbandits likes this.
    All treasures found with permission on private property or on active mining claims.

 

 
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