your mining claim

[49erjohn]

what do you do if you notice someone has worked your claim? how do you handle not being able to watch your claim 24-7? these two questions would drive me crazy especially if i knew my claim held a lot of gold. thanks for your help.....JOHN

 

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[djui5]

You need to call the Sheriff and the BLM. Also try to document then claim jumping if you can, with video is best but pictures will do.

 

[submerged]

They sell video cameras for hunting that are motion triggered and you can go to fish and game or the blm depending who has jurisdiction in your area you should have the land posted as well. I would get dropped of for a week and wait paitently with my trusty ar-15 and a shovel when it is all said and done have your thieves dig their graves 6' long 2' wide 4' deep at gunpoint of course just to scare the sh!t out of them.

Hope it helps

 

[49erjohn]

so what you are saying is here i am sitting in michigan and my claim is in california that my claim is unsecure john

 

[Hoser John]

100% totally unsecure-sheriff has no jurisdiction on federal lands--FS & BLM say adjudication on claims is a cival matter. I has pics-witnesses-pounds a gold--NOTHING !! DA says no $$$ in fines for a cival matter. I know what the law says BUT if no $$$ for cash starved counties-no luck. Sheriff said to shoot the mfr's. They can hunt,camp,shoot,atv,party like mad and you can't do a thing. If they have illegal fires,drugs,overstay the federal limits then you get help. Been through this since the 60's--welcome to my world. John

 

[djui5]

Don't know about Cali but here in AZ they take care of these people

 

[mrs.oroblanco]

I don't know where in California your claims are, but I can tell you that, for a nominal fee, there are people you can hire to check your claims (and photograph claimjumpers), and call the authorities for you. That is how they make their living, and, you can either have them on a regular basis, or check "X" number of times a month, or a week, or on weekends, or however you want to do it, and they will keep track of what they see and report to you on a regular basis.

They will also act as your "power of attorney" to prosecute violators. (so you don't have to leave Michigan).

B

 

[Hoser John]

NAME 1-nothing is done for a nominal fee in kalif-John

 

[AZ-Mtnman]

LOL good point John. This is the same question posed by anyone in the western states right now what with the price of gold and all. But, for a modest fee (depending on how rich your claim is), you can just hire me to go out there and bag any claim-jumpers and you won't have to worry about them any more. This should get interesting now.

 

[mrs.oroblanco]

NAME 1-nothing is done for a nominal fee in kalif-John

That's not true - of course, it all depends on what your claim is worth, and what it is worth to have to spend every year repairing the high-grading and other stuff that "week-enders" and claim jumpers do to your property.

If its not worth paying someone $75 bucks a month - don't worry about it at all.

B

 

[surfin]

Well I have to go with the make em dig there own holes attitude. That would fix me.

Surfin

 

[goldhound2]

depending were your claim is there are people here that will help. for a price or permission to prospect..YOU PEOPLE THAT HAVE NATHING BETTER TO DO THAN PUT PEOPLE DOWN YOU DO NOT KNOW I FEEL SORRY FOR YOU

 

[djui5]

YOU PEOPLE THAT HAVE NATHING BETTER TO DO THAN PUT PEOPLE DOWN YOU DO NOT KNOW I FEEL SORRY FOR YOU

What are you talking about?

 

[Old Dog]

YOU PEOPLE THAT HAVE NATHING BETTER TO DO THAN PUT PEOPLE DOWN YOU DO NOT KNOW I FEEL SORRY FOR YOU

What are you talking about?

Say what

 

[airborne1092]

Trying to consider this reasonably here,

It would seem prudent to get out to CA for a week-long vacation - do or die.

Meet and greet the regional office BLM folks - get a little face time. Let them know who you are. Bring them doughnuts and coffee and talk to them for a good while, as long as it doesn't interfer with their daily 'battle rhythm.' Be frank about your concerns and get their take on the situation.

Check to make sure your claim paperwork is in order.

Check the local papers, look for a private security company or a PI agency. Some cities even have a merchant police or security guards that you can hire or chip in to retain with other claimholders near you.

Get out the the property and make sure your claim is still visibly marked. Take photos, get GPS coords et. al. Update all YOUR information and paperwork.

Meet the local Sheriff in the area where your claim is. The Sheriff's office may not have jurisdiction on federal lands, but they sure as hell have a Letter of Agreement with the feds if there is federal land in their county. They ARE your first line of defense because the BLM and DNR are by nature not a law enforcement agency.

Lastly, make sure you do your yearly improvements and document them.

It all sounds like a pain in the @$$, but frankly no disrespect meant - you signed up for this when you filed for a claim in CA and you now live in MI. It might be time to either consider leasing it out to someone who'll work it for you, or cut bait and start prospecting in MI.

I wish you the best in your course of action.

 

[mrs.oroblanco]

I wish you luck. Depending on where in California, I do know some people who do that type of work on a regular basis.

Just a side note here - from experience - some BLM people in California DO think they are afforded the title of "Enforcement Agency".

Try not to tick them off - but make sure everything is in order - they will escort you away, by gunpoint - guaranteed. So will some of the Park Rangers, even if you are on BLM land - again - guaranteed. (no, they have no authority, but its impossible to argue with 4 armed officers, and their bail requirements suck.)

Also, the BLM offices in some areas are absolutely fantastic. Others wouldn't give you the time of day unless they had to. They will show you where the microfische machine is, hand you an extremely unorganized pile of michofische, and say - there it is. Other offices will be great, show you how things are filed (these are the offices that actually file the stuff), will show you how to look up maps, etc., who and where claims are located according to your findings, etc.

It all depends, again, on where you go, and what offices you hit.

B

 

[Old Dog]

I think the trail cam idea is a good one if you are left to your own devices.
I would think a couple of these in strategic places would be enough to gather evidence needed to get a lawyer and a Judge to consider the case.

All you would need is a picture of a licence plate and another of the person or group of persons digging.

open and shut.

 

[mrs.oroblanco]

A license plate will not do it - if you have a mining claim, anyone who is not mining or metal detecting is allowed on your claim - to camp or whatever. You CAN make an area "off limits" that is directly around your operation.

You need a picture of someone actually doing an unlawful deed. (i.e. mining or detecting on your claim). A license plate of a vehicle does not tell an officer what that person was doing there.

B

 

[aarthrj3811]

Hey….Another thing you have to consider….Under the 1812 mining laws it clearly states what your responsibility is when you have a mining claim. Are you actively using this claim?…If you go to court some Judge may rule that it is an abandoned claim…..It makes no different to BLM as long as they get the rental fee....Art

 

[mrs.oroblanco]

Sorry to correct your misprint - its 1872 mining laws.

B