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Thread: Lost Contact with an Associate. What to Do?

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  1. #1

    Aug 2015
    545
    1081 times
    All Types Of Treasure Hunting

    Lost Contact with an Associate. What to Do?

    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?

  2. #2
    Charter Member
    us
    Nov 2010
    The Great Southwest
    3,506
    10174 times
    Prospecting
    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
    ratled, et1955, BillA and 1 others like this.

  3. #3

    Aug 2015
    545
    1081 times
    All Types Of Treasure Hunting
    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

  4. #4

    Aug 2015
    545
    1081 times
    All Types Of Treasure Hunting
    I think I found him. Gotta love the internet. Time for a short road trip.
    Clay Diggins likes this.

  5. #5
    Charter Member
    us
    Nov 2010
    The Great Southwest
    3,506
    10174 times
    Prospecting
    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

  6. #6

    Aug 2015
    545
    1081 times
    All Types Of Treasure Hunting
    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

  7. #7

    Aug 2015
    545
    1081 times
    All Types Of Treasure Hunting
    Quote Originally Posted by Clay Diggins View Post
    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 likes this.

  8. #8
    Charter Member
    us
    Nov 2010
    The Great Southwest
    3,506
    10174 times
    Prospecting
    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
    mytimetoshine and et1955 like this.

  9. #9

    Aug 2015
    545
    1081 times
    All Types Of Treasure Hunting
    It's already planned to go to a new associate.
    Clay Diggins likes this.

  10. #10
    us
    Aug 2004
    Olympia WA
    Minelab Xterra 70, Minelab SD 2200d, 2.5", 3", 4"and several Keene 5" production dredges, Knelson Centrifuge, Gold screw automatic panner
    857
    1867 times
    Prospecting
    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.

  11. #11
    Charter Member
    us
    Ed Tracy

    Jan 2015
    Shoreline,wa
    Equinox 800
    509
    834 times
    Prospecting
    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.
    Clay Diggins and Goldwasher like this.

  12. #12

    Aug 2015
    545
    1081 times
    All Types Of Treasure Hunting
    Quote Originally Posted by et1955 View Post
    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.
    et1955 likes this.

 

 

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