Lost Contact with an Associate. What to Do?

[mikep691]

I've lost all forms of contact with one of the claim associates. It's filing time and without contact, I have no way to get his signature on Small Miner Waiver. This being said, we want to transfer his interest to a new associate. I've tried a certified mailing which included a quit claim deed, but it was returned undeliverable. BLM says I need to post a public notice in the local paper and allow 90 days for his response. They, however can't say how long the notice must run. Running a public notice for the full 90 day period is costly.

Has anybody else had this situation, and can share what was done to satisfy the legal requirements?

 

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[Clay Diggins]

General Mining Act:

Upon the failure of any one of several co-owners to contribute his proportion of the expenditures required by this act, the co-owners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent co-owner personal notice in writing or notice by publication in the newspaper published nearest the claim, for at least once a week for ninety days, and if at the expiration of ninety days after such notice in writing or by publication such delinquent should fail or refuse to contribute his proportion to comply with this act his interest in the claim shall become the property of his co-owners who have made the required expenditures.

California Mining Law:

3917. Whenever a coowner or coowners of a mining claim give to a
delinquent coowner or coowners the notice in writing or notice by
publication provided for in Section 2324 of the Revised Statutes of
the United States, an affidavit of the person giving the notice,
stating the time, place, manner of service, and by whom and upon whom
service was made, shall be attached to a true copy of the notice.
The notice and affidavit shall be recorded in the office of the
county recorder, in books kept for that purpose, in the county in
which the claim is situated, within 90 days, after the giving of the
notice. For recording the notice and affidavit, the recorder shall
receive the same fees as are allowed by law for recording deeds.
If the notice is given by publication in a newspaper, there shall
be attached to a printed copy of the notice an affidavit of the
printer or his or her foreman, or principal clerk of the newspaper,
stating the date of the first, last, and each insertion of the notice
therein, and where the newspaper was published during that time, and
the name of the newspaper. The affidavit and notice shall be
recorded within 180 days after the first publication thereof.



3918. The original of the notice and affidavit, or a duly certified
copy of the record thereof, shall be prima facie evidence that the
delinquent mentioned in Section 2324 of the Revised Statutes of the
United States has failed or refused to contribute his or her
proportion of the expenditure required by that section, and of the
service of publication of the notice, unless the writing or affidavit
specified in Section 3919 is of record.



3919. If the delinquent, within the 90 days required by Section
2324 of the Revised Statutes of the United States, contributes to his
or her coowner or coowners his or her proportion of the expenditures
and also all costs of service of the notice required by Section
3917, whether incurred for publication charges or otherwise, the
coowner or coowners shall sign and deliver to the delinquent or
delinquents a writing, stating that the delinquent or delinquents by
name has, within the time required by that Section 2324, contributed
his or her share for the year ____, upon the ____ mine, and further
stating therein the district, county, and state wherein the claim is
situated, and the book and page where the location notice is
recorded, if the claim was located under this chapter. The writing
shall be recorded in the office of the county recorder of the county,
for which he or she shall receive the same fees as are allowed by
law for recording deeds.



3920. If the coowner fails to sign and deliver the writing to the
delinquent within 20 days after the contribution, the coowner so
failing is liable to the delinquent for a penalty of one hundred
dollars ($100) to be recovered by the delinquent in any court of
competent jurisdiction. If the coowner fails to deliver the writing
within 20 days after the contribution, the delinquent, with two
disinterested persons having personal knowledge of the contribution,
may make an affidavit setting forth in what manner, the amount of, to
whom, and upon what claim, the contribution was made. The affidavit,
or a record thereof in the office of the county recorder of the
county in which the claim is situated, is prima facie evidence of the
contribution.

Beware:

3913. (a) Whenever labor is performed, improvements are made, or a
maintenance fee is paid as required by law upon any mining claim, the
person on whose behalf the labor was performed, improvements made,
or a maintenance fee was paid, or someone in his or her behalf,
shall, within 30 days after the time required by law for performing
the labor, making the improvements, or paying the maintenance fee,
make and have recorded by the county recorder, in the county in which
the mining claim is situated, an affidavit setting forth all of the
following:
(1) The name of the claim and the serial number, if any, assigned
to the claim by the Bureau of Land Management in the United States
Department of Interior.
(2) A reference by book and page or document number to the public
record of the notice of location of the claim and, if amended, of the
last recorded amendment thereof.
(3) The section or sections, township, range, and meridian of the
United States survey within which all or any part of the claim is
located.
(4) A description of the labor performed or improvements made upon
or for the benefit of the claim for which the proof is made, the
value of each item, and the dates on which, or the period of time
within which, the labor was performed or the improvement was made, or
a statement that a maintenance fee in the amount prescribed by the
laws of the United States has been or will be paid, the amount of the
maintenance fee, and the date of payment or anticipated payment.
(5) The name, current mailing address, and current residence
address of the person who makes the proof and of the owner of the
claim, as known to the affiant.
(6) A statement that the claim is held and claimed by the owner,
or the person making the proof if he or she is entitled to possession
thereof, for the valuable mineral contained therein.
(7) The name and address of the person who performed or made the
work and improvements described in the affidavit, as known to the
affiant, if applicable.
(8) A statement that all monuments required by law to have been
erected upon the claim and all notices required by law to have been
posted on the claim or copies thereof were in place at a date within
the assessment year for which the affidavit is made and a statement
of the date.
(9) A statement that, at that date, each corner monument bore or
contained a marking sufficient to appropriately designate the corner
of the mining claim to which it pertains and the name of the claim.
(b) An affidavit recorded as required by subdivision (a), or a
copy thereof duly certified by the county recorder, shall be prima
facie evidence of the performance of the labor, the making of the
improvements, or the payment of the maintenance fee as stated in the
affidavit.
(c) The neglect or failure of the owner of any mining claim to
record, or cause to be recorded, within the time allowed by this
section an affidavit containing the statements required by
subdivision (a) creates a prima facie presumption of the act and
intent of the owner to abandon the claim at the end of the assessment
year within which the labor should have been performed, the
improvements should have been made, or the maintenance fee should
have been paid under the laws of the United States, and imposes the
burden of proof upon the owner of the claim to show that the labor
has been performed, that the improvements have been made, or that the
maintenance fee has been paid in any contest, suit, or proceeding
touching the title to the claim. However, if the affidavit is
executed and recorded by anyone other than an owner within the 30-day
period, and the owner apprehends that there are deficiencies in the
recorded affidavit, he or she may supplement the recorded affidavit
by further affidavit to comply with the section and may record the
supplemental affidavit within 30 days following the last day of the
30-day period after the time required by law for performance of the
work, making of improvements, or payment of the maintenance fee, and
thereby obtain the prima facie evidence of the performance of labor,
the making of improvements, or the payment of the maintenance fee,
and avoid the prima facie presumption of abandonment and the burden
of proving the performance of labor, the making of improvements, or
the payment of the maintenance fee required by law.
(d) Any person who willfully makes a false statement with respect
to any mining claim on the affidavit required by subdivision (a), or
on the supplementary affidavit permitted by subdivision (c), is
guilty of a misdemeanor and, upon conviction, shall be punished by a
fine of not more than two hundred dollars ($200) or by imprisonment
in the county jail for not more than six months, or by both the fine
and imprisonment.

Heavy Pans

 

[mikep691]

So, it's more expensive to post a public notice in the newspaper than it is to pay the assessment. But it still has to be done in order to remove this other associate. Twice the cost this year

 

[mikep691]

I think I found him. Gotta love the internet. Time for a short road trip.

 

[Clay Diggins]

BLM seems to have confused you. You don't have to do the publication notice.

90 days after service at last known address seems to be fine. You might want to contact a process server and see what they would do in this circumstance. You probably don't have enough time to remove them before August 30th but I don't see any requirement for 90 days of public notice, in both cases that appears to be an option, either personal notice in writing OR notice by publication.

Heavy Pans

 

[mikep691]

My "In Writing" Certified mail was returned with no forwarding address. While it constitutes an attempt, I'm not sure it would qualify as "IN WRITING". Now that I know where he is, That process server is also a Notory. I'll call in advance of the visit

 

[mikep691]

BLM seems to have confused you. You don't have to do the publication notice.

90 days after service at last known address seems to be fine. You might want to contact a process server and see what they would do in this circumstance. You probably don't have enough time to remove them before August 30th but I don't see any requirement for 90 days of public notice, in both cases that appears to be an option, either personal notice in writing OR notice by publication.

Heavy Pans

I agree, our options without a quit claim deed are lengthy, and expensive. We are exploring all the options.

 

[Clay Diggins]

A quit claim is in no way a "deed". It is simply a transfer of an undefined interest, sometimes to a named individual.

If you only have one person in your association for each 20 acres make sure the quit claim goes to a new association member. If you ever find yourself without at least one association member per 20 acres you have already voided that missing members acreage. Plan ahead and you will be fine.

Heavy Pans

 

[mikep691]

It's already planned to go to a new associate.

 

[Bonaro]

It may cost some $ but cant you refile a new claim the day after the current one lapses?

If you do in fact, have to post in a local publication, any local attorney can easily tell you which newspapers are acceptable. Many times you can post in a local classified publication like Little Nickle and that is far cheaper and legally valid.

 

[et1955]

A lesson to be learned, when multiple people own a claim they should elect a leader who maintains contact with all members, collect appropriate fees from each them and submit all proper paper work and fee's to the agencies required.

 

[mikep691]

A lesson to be learned, when multiple people own a claim they should elect a leader who maintains contact with all members, collect appropriate fees from each them and submit all proper paper work and fee's to the agencies required.

I have been that person for six years. But lost contact after last year's filing. I thought I had sent BLM a notice of contact but it was not in the file. This time it will be done so I will no longer need signatures from each associate.