Claim question 2 - Nevada

[Rail Dawg]

Ok a claimant pays the $165 Maintenance Fee to the BLM before Sep 01.

Claimant transfers claim to another party via Quitclaim Deed on Oct 15 of the same year.

Does the new claimant have to file a “Notice of Intent to Hold” with the county before Nov 01 of the same year (Nevada)?

Thanks.

Chuck

 

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[IMAUDIGGER]

Don’t quote me on this, but BLM told me that once they have been provided a letter notifying them of the change of ownership, a copy of the recorded quit claim deed, and the processing fees..the new owner simply steps in and assumes the role of the previous owner, filing whatever documents the previous owner would have had to file.
This was for California.


I’d suggest doing research, then calling the state BLM office to verify your understanding.

 

[Rail Dawg]

Don’t quote me on this, but BLM told me that once they have been provided a letter notifying them of the change of ownership, a copy of the recorded quit claim deed, and the processing fees..the new owner simply steps in and assumes the role of the previous owner, filing whatever documents the previous owner would have had to file.
This was for California.


I’d suggest doing research, then calling the state BLM office to verify your understanding.

Thanks for this information.

It seems many claim owners do ok with the BLM filings but really drop the ball when it comes to filing with the county recorders.

A failure to maintain the maintenance requirements with the county is just as serious as failing to do the same with the BLM IMHO.

Chuck

 

[Silveraith]

Don't leave this to chance. Simply call your county recorders office that the claim resides in. They will tell you what to do.

 

[Clay Diggins]

The proper process is to file a transfer of interest with the BLM as IMAUDIGGER pointed out.

No "Notice of Intent to Hold" is required the new owner just takes the position of the former owner and has the same obligations.

The quitclaim recorded at the County satisfies the public notice requirement and the transfer of interest filing at the BLM satisfies the FLPMA requirement.

Interestingly the IBLA and courts have ruled that any notice found in the case file suffices as sufficient notice to the BLM that there has been a transfer of interest. Some State BLM offices would like you to jump through hoops or fill out forms before they recognize the transfer but that's just big headed BS. In any case you will need to pay the BLM transfer fee on each claim transferred as well as providing the serial number, claim name, your name and address and a photocopy of the State defined transfer document (usually a quitclaim or probated will).

Heavy Pans

 

[Goldwasher]

Don't leave this to chance. Simply call your county recorders office that the claim resides in. They will tell you what to do.

Recorders can't give legal advice.

They can't tell you what to file and when.

 

[Silveraith]

Make sure you follow BLM guidelines & talk with the adjudicator in charge so there are no mistakes made. Get the adjudicator to send the process via email so you have a record in case of problems.

 

[Clay Diggins]

Recorders can't give legal advice.

They can't tell you what to file and when.

Thanks for that Goldwasher.

I've often seen people talking about what advice a County Recorder gave them but it's a clear indication of a lack of real world experience. County Recorders are prevented by law from giving advice - they just provide a neutral service where you can make public notice.

The BLM is the last place I would ever ask for advice. BLM will give you all the "advice" you can swallow but they are protected by law if they feed you BS and you rely on it. That's why all their documents have this warning in all capital bold letters:

NO WARRANTY IS MADE BY BLM FOR USE OF THE DATA FOR PURPOSES NOT INTENDED BY BLM​

It's not like you weren't warned.

Heavy Pans

 

[Goldwasher]

Thanks for that Goldwasher.

I've often seen people talking about what advice a County Recorder gave them but it's a clear indication of a lack of real world experience. County Recorders are prevented by law from giving advice - they just provide a neutral service where you can make public notice.

The BLM is the last place I would ever ask for advice. BLM will give you all the "advice" you can swallow but they are protected by law if they feed you BS and you rely on it. That's why all their documents have this warning in all capital bold letters:

NO WARRANTY IS MADE BY BLM FOR USE OF THE DATA FOR PURPOSES NOT INTENDED BY BLM​

It's not like you weren't warned.

Heavy Pans

I always end up helping someone at the Counter in Sac.

Luckily the new girls are so inexperienced and could care less about mining claims so they don't make the attempt.

The one old timer left. Commented " this is why it's good when real miners come in" last time as I was warning a guy about a claim he was wanting to buy.

The location was an attempt at a metes and bounds. With the natural object starting point labeled as "Yuba River".. But not what point of the river... when it was the whole western side of the claim.

Ok thats enough for the moment... I have a few dry ravines I'm gonna go hit today.

I want to try and call Rail Dawg later too.

Maybe it will be a good show and tell later!

 

[Silveraith]

As stated, you will want to get anything in question in writing by the BLM adjudicator. This is not the person at the counter. They have the power close & abandon your claim & then you must appeal. An active mining claim goes through BLM adjudication every year. Showing the head adjudicator what Clay Diggin's told you on TNET may or may not help you if the adjudicator determines you are in deficiency & you lose your claim.

 

[Rail Dawg]

As stated, you will want to get anything in question in writing by the BLM adjudicator. This is not the person at the counter. They have the power close & abandon your claim & then you must appeal. An active mining claim goes through BLM adjudication every year. Showing the head adjudicator what Clay Diggin's told you on TNET may or may not help you if the adjudicator determines you are in deficiency & you lose your claim.

Been dealing with the adjudicator at the Reno BLM for years now. Some miners take an aggressive stance towards the government (and there are times we should).

However in dealing with claim issues I find the honey instead of vinegar approach results in both the miner and BLM benefiting. That being said while the adjudicator can be quite knowledgeable Clay Diggins from my experience has them beat hands-down. I will say the Reno BLM folks have been nothing but helpful and knowledgeable.

There hasn’t been an issue yet where Clay wasn’t 100% spot on.

The current issues were with the County filings and due to the 2 threads on these issues the problem has been resolved.

We come here first to learn something new so when approaching the BLM or County we are loaded for bear.

Thanks!

Chuck