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Thread: Ive been Claim Jumped!

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  1. #46

    Mar 2014
    NorCal
    Fisher GB2, Bazooka Prospector 36", EZ sluice, Blue Bowl..
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    Quote Originally Posted by Klondi View Post
    As of now all the records in both the county and the BLM show me as the claim owner so that doesnt give much credibility to the story of it was just a County/BLM filling mistake.
    This statement shows just how wrong you are and that you still do not understand how this works. When I run a report I see my claim as should and I see your top filed claim, do you know what a report is or how to run them? Anyone that knows anything can clearly look at the dates and see my claim pre dates the false claim you have created. Everything you claim either sounds strange or doesn't make sense or just is not the way it actually works.. this is why I started this thread and linked you.. this is where you will find the correct info believe it or not.. heck check out mylandmatters.org and run some reports for yourself..
    KevinInColorado likes this.
    Come check out my California Mother lode Adventures!---->https://www.youtube.com/channel/UC4U...aqFXriPUONmEtw

  2. #47

    Mar 2016
    1,615
    2429 times
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    It might expedite a resolution if photos of the recorded documents were provided.

    Let’s assume for the purpose of discussion, the older claim is still valid and Klondi mistakenly filed over it.

    Does Klondi file an “Abandon Mine” notice at the County?

    What gets filed at BLM to correct the LR2000 database?

    Would Amsbandit have to file another “notice of intent to hold” in order to prevent someone from assuming the claim was abandoned and having a repeat situation?
    All treasures found with permission on private property or on active mining claims.

  3. #48
    Charter Member
    us
    Nov 2010
    The Great Southwest
    3,461
    10053 times
    Prospecting
    Abandonment or Relinquishment: If claimants abandon a mining claim or site or relinquish it to the Federal Government, they should file a notice with the proper county or borough office and the BLM state office. No particular form is required; a letter is acceptable. Be sure to include the claim or site name and the BLM serial number. There is no fee to file these documents.
    Heavy Pans

  4. #49
    us
    Jan 2019
    Maine
    442
    396 times
    Prospecting
    We do not have federal land here so if I may ask a question: does the real mineral rights owner have to excavate a certain amount of material per year in order to keep their claim "active".
    Nitric likes this.

  5. #50
    Charter Member
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    Nov 2010
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    Quote Originally Posted by OreCart View Post
    We do not have federal land here so if I may ask a question: does the real mineral rights owner have to excavate a certain amount of material per year in order to keep their claim "active".
    No, there is no such requirement.

    Heavy Pans
    KevinInColorado and Nitric like this.

  6. #51
    us
    Jan 2019
    Maine
    442
    396 times
    Prospecting
    Okay, sorry to interject, just trying to learn!

  7. #52
    us
    May 2009
    Sailor Flat, Ca.
    SDC2300, Gold Bug 2 Burlap, fish oil, ACME handbook for TRUE prospectors (unread)
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    Yea Steve,

    His paper work is very solid.

    Remember. Blm input data wrong on his claim too. They also neglected to mention that the "abandoned" claim has the same description and name (almost) Because Jerry bought from someone who screwed up.

    He re-filed to fix it. Thats his "active" claim that BLM put in the wrong place if you will.

    It is Valid as the day it was located properly.

    His recordings are on file.

    Your location is invalid from the word Go.

    By the way. The desk jockies at the Collection Counters of Babylon. Do not determin when a claim is in valid. They can't even read it properly in the first place.

    Some one can though. That guy is called a judge. The reason you need to do you "Due Dilligance"

    It also sounds like you made a claim with out discovery.. as in not even prospecting.

    However that wouldn't matter because if you did pan or prospect it was in fact on a valid claim.

    Therefore if your saying you did prospect. Your admitting to mineral tresspass.

    You have said enough to incriminate your self and show that you do not actually under stand the situation you are in.

    A claim is maintained by either paying the maintenance fee or yearly assesment. Gerrys claim has been worked yearly to the amount specified in the Mining Law and recorded properly at the county.

    The only thing required on the ground is his location monument.

    Not seeing signs. (as they are not required) or corners (also not required on this claim)

    Gerry has the law on his side and will prevail.


    As far as Jr. High stuff

    Nope you came into a camp of nice guys. Who look out for eahother. Come in right and you'll get coffee , beans and advice.

    If you knock over the percalator... laugh about it and argue for why it's funny.

    Its not gonna go well.


    With Bandits permission. His serial registry. Redacted of personal and location info for public consumtion.

    There are no gaps in the legal duties required to keep a claim valid.

    What you did is called top filing. " claim jumping"

    Yes it is possible to do on accident...with the help of the county and BLM.

    Read their disclaimers. The Judge knows them.

    You will not win in court. You won't be getting the money you spent on filing the claim back from either.

    It happens to many people every year.

    If you "pursue" something legally you will end up spending more money.

    You will not be getting any from Bandits. It's just the way it is.

    He is in the position to recover costs from you. Should you decide to incur any (more)



    Case Disposition: ACTIVE Lead File NumberRequired Maintenance Fee: $155.00 Camc Name & Address Interest Relationship CODY CLAIMANT
    PORTLAND, OR 97267-3140 GERALD CLAIMANT

    ST FAIRFIELD, CA 94533-4466County / State District EL DORADO COUNTY, CA CENTRAL CALIFORNIA DOMer Twp Rng Sec Subdivision21

    SW SEAct Date Code Action Text Action Remarks Receipt Number

    09/02/2016 403 LOCATION DATE09/09/2016 395 RECORDATION NOTICE RECD 1 3656057

    08/21/2018 480 EVID OF ASSMT FILED 2018 424192208/15/2018

    483 SMALL MINER CERT FILED 201908/30/2017

    481 NOTICE OF INTENT TO HOLD 2017 396853308/04/2017

    483 SMALL MINER CERT FILED 201809/09/2016


    484 LOCATION YEAR / MAINTENAN 2017;$155 3656057

    11/09/2018 392 MONIES RECEIVED $15.00;1 4303407

    09/18/2018 170 ADDRESS CHANGE FILED CODY 09/09/2016 501


    ACCT ADV IN LEAD FILE CAMC313546 365605709/09/2016 404 COUNTY RECORDATION 0;0;2016004243609/09/2016 500 MAP IN LEAD FILELine Nr Remarks 0001 VERIF


    If you set foot on his claim again and prospect in any way. You will be breaking the law.

    I am well aquainted with our S.O. Patrol Deputies and have their numbers in my phone. Cause dispatch is too slow.

    The judge has to make the call and that can be made to happen. The deputies here know how this works and are very helpful.


    Have some coffee
    Last edited by Goldwasher; Jan 29, 2019 at 07:30 PM.

  8. #53
    Charter Member
    us
    Nov 2010
    The Great Southwest
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    Quote Originally Posted by IMAUDIGGER View Post
    It might expedite a resolution if photos of the recorded documents were provided.

    Let’s assume for the purpose of discussion, the older claim is still valid and Klondi mistakenly filed over it.

    Does Klondi file an “Abandon Mine” notice at the County?

    What gets filed at BLM to correct the LR2000 database?

    Would Amsbandit have to file another “notice of intent to hold” in order to prevent someone from assuming the claim was abandoned and having a repeat situation?
    It's well established law that an overclaim has no effect on the senior claim and gives the junior claimant no rights. Even if the senior claim should be abandoned the junior claimant still doesn't have a valid claim.

    Professional mining companies always file a relinquishment when they no longer want to keep a claim. I see many thousands filed each year. The reason professionals file a relinquishment rather than just let the claim expire at the end of the mining year is to limit their liability to a specific time period. It's just good business to put the public on notice at the County and the BLM of the fact that you no longer have a claim on the minerals. If you are a publicly traded company it's essential that you close the claim properly and timely.

    Being overfiled on an existing senior claim is a liability. If the senior claimant should sue they will win not only the claim but a monetary judgement for their expenses.

    Rather than wait for September 1 to roll around and have the BLM tag the claim file as ABANDONED/FORFEITED for non filing a relinquishment ends the overclaim situation and limits the damages that could be awarded. Essentially a full relinquishment of the overclaim in this situation would take away the cloud on the mineral title and stop any lawsuits for a declaration of ownership of the claim.

    Asmbandit is under no obligation to file anything with the BLM or the County because he was overclaimed. Overclaims are a civil matter and neither the County nor the BLM have any say in who can claim what. I am very doubtful that any County recorder would ever say that an area is open to claim. That would be a violation of law and a breach of their duty as an elected official.

    Heavy Pans

  9. #54
    Charter Member
    us
    Nov 2010
    The Great Southwest
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    Quote Originally Posted by OreCart View Post
    Okay, sorry to interject, just trying to learn!
    It was a reasonable question easily answered OreCart. No need to apologize.

    Heavy Pans

  10. #55

    Mar 2014
    NorCal
    Fisher GB2, Bazooka Prospector 36", EZ sluice, Blue Bowl..
    965
    2185 times
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    Most would just call the sheriff, or turn to legal action and not give the opportunity I am offering, to simply admit you made a mistake and that you will retract from any claim to my minerals both in physical and documented form is all I'm after. Believe it or not you top filed on someone who is giving you way more leeway than most would.

    If this cannot be met, I will take legal action for the entirety of the situation, civil and criminal.
    Last edited by Asmbandits; Jan 29, 2019 at 11:28 AM.
    Come check out my California Mother lode Adventures!---->https://www.youtube.com/channel/UC4U...aqFXriPUONmEtw

  11. #56
    us
    Feb 2017
    North California
    Angus MacKirk Recon, GGT Nugget, Gold n Sand Hand Dredge, Pans and classifiers.
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    26 times
    Prospecting
    Quote Originally Posted by Klondi View Post
    Hi there everyone I have never posted to a thread prior to this but I think that there is some false statements being made. I am the one who filed on the previous claim and the whole claim jumper thing is bogus.

    Unfortunately Kondi the statements being made are not false. What you've done unbeknownst to you, is claim jumping.

    I was on a dirt bike trail saw some some land and a sign talking about a placer claim. Had no idea what it was and started asking questions. Called the county and they said it hadnt been active since 2016. I asked if I could activate it and they said yes. I paid the fees and then registered it with BLM so its all legal and registered.

    If this is all you did, your claim is invalid. You'll want to research what it takes to properly locate a claim, even an "inactive" one.

    At the claim nothing had been done since 2016 so i took down the placard and wrote my name on the two little nail on signs. As far as both BLM and El dorado county knew the claim had been abandoned.

    You got the wrong info from the BLM and/or county.

    I have been there twice with my 80 year old father poking around to get him out of the house. If the previous owner had actually called me before blasting me on this post I probably would have more compassion.

    He is the current owner, not the previous. You have to put yourself in his shoes, you trespassed and defaced his property(unbeknownst to you)

    Then sending me the link showing him blasting me is a jr high school way to handle things. As of now all the records in both the county and the BLM show me as the claim owner so that doesnt give much credibility to the story of it was just a County/BLM filling mistake. I am not sure how I want to handle this as of yet but now you know the whole story !

    Unfortunately your story proves you are in the wrong, I'm sure ASMbandits sent you the link to this thread so you could possibly learn the error of your way, as taking the legal route will be expensive for you and you will lose the legal battle. Also, this forum is a good place to hang out at, you'll learn quite a bit and you can learn how to properly locate a claim

    If you want to message me Klondi, I can show you through the web where Asmbandits claim was still active when you filed over it. I'll try to help you understand where you went wrong.
    Last edited by oldbones; Jan 29, 2019 at 01:11 PM.

  12. #57
    us
    captain

    Dec 2016
    ohio
    bounty hunter time ranger
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    I'm learning a valuable lesson with this thread.

  13. #58
    us
    Mike

    Dec 2014
    Bodfish and Marin county CA
    Garrett , Whites keene puffer drywasher , Keene A51 Sluice
    351
    936 times
    Drywashing , Sluicing , Panning
    Klondi -- Steve look at it this way you got a paid education and a lot cheaper than going to law school.

    These guys on this site know there stuff and are very helpful.
    Got a question ask it and it will get answered.
    Welcome to the forum
    Mike
    Stay thirsty my friends

  14. #59

    Jan 2019
    1
    2 times
    All Types Of Treasure Hunting
    Start up a GoFund for the legal battle I’ll chip in. After reading his response it looks like he doesn’t want to be civil about it.
    Asmbandits and 63bkpkr like this.

  15. #60

    Mar 2014
    NorCal
    Fisher GB2, Bazooka Prospector 36", EZ sluice, Blue Bowl..
    965
    2185 times
    All Types Of Treasure Hunting
    Quote Originally Posted by Yotakid View Post
    Start up a GoFund for the legal battle I’ll chip in. After reading his response it looks like he doesn’t want to be civil about it.
    Thanks for the support Yotakid, I have means to go forward but thank you.
    KevinInColorado and 63bkpkr like this.
    Come check out my California Mother lode Adventures!---->https://www.youtube.com/channel/UC4U...aqFXriPUONmEtw

 

 
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