Doing the "Due Diligence Dance"

goldenIrishman

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Ok... I am just about ready to turn in my dancing shoes here. Between local governmental agencies not having any idea of what's going on and Federal agencies having even less of a clue (combined with an attitude on the phone as well) I haven't been able to get the required information on some sections of ground that Jan and I are very interested in. Let me tell y'all what I've encountered on this little journey so far and see if I'm the only one thinking there's something funny going on here.

As most of you know, I've been using the MyLandMatters.org site on a regular basis to research areas in an effort to find some good ground to claim and mine. I use all of the layers and information there to decide on which areas to explore in more depth and to decide on which areas to flat out avoid. Using Clays site I can check things like current claims and who owns them as well as access to just about any given area of interest. Jan and I found some interesting ground in a HIGHLY mineralized area that is only 20 minutes from our house and that's where the "Due Diligence Dance" started. Here is some background information that's highly redacted in some areas to preserve our own interest.

The area that we are interested in had been claimed in quarter section chunks by a corporation out of New Jersey. They had grabbed up three quarters of a couple of sections (as well as full sections in some other areas) so of course I was looking at the unclaimed areas in those sections. Well during my research I learned that this corporation had lost seven out of their eight "members" back in 1999. A transfer of interest was filed in November of 2014. Further research showed that the BLM rendered a decision in 2015 that the claims had to be "adjusted" from 160 acres (entire quarter sections) down to 20 acres with in these quarter sections. The LR2000 shows that the adjusted filings were recorded on 08/19/2015. The problem is that NO ONE at BLM can tell us what the "adjusted" claims locations are!!!! BLM doesn't know even though they show it as being filed. :dontknow: :tongue3: The Mohave County Recorders also have zip, zero and nada for information on these adjustments in their records. :dontknow:

Jan and I are trying to do everything "By the book" here and avoid any possible legal problems down the road. What is frustrating is that we can't get the required information we need to be able to prove that we've done our due diligence and done it correctly. :BangHead: While the young lady at the Mohave County Recorders office was very helpful and tried her best, there was nothing in her records on any adjustments being made to the original filings. :icon_scratch: While the BLMs records show that the adjustment was filed on 08/19/2015, they can't find (or are too lazy to look for it) the adjusted sizes of these claims and their new boundaries. Not only that, but the guy on the phone copped an attitude with me like he couldn't be bothered to do his job.

Those of us that try our best to be responsible miners by dotting all the "I"s and crossing all the "T"s in an effort to follow the laws are running into these kinds of problems on a regular basis any more. Since I started researching these areas, I've developed a feeling that the corporation that had claimed these areas up is/was running some kind of scam and their investors found out about it. While gold mining scams are nothing new, their actions have caused a lot of good areas to be locked up which prevents honest miners from claiming and working these areas. I had considered contacting the company in question to see if they would give me the information on the adjusted claim locations but decided against it in case they are running some kind of scam. What would keep them from lying to us so they could set us up for a lawsuit for claim jumping?

I realize the importance of doing our due diligence, keeping all our records up to date and playing by the rules. It's unfortunate that there are others out there that seem to insist on playing games and keeping honest miners from earning a living off the land. I haven't named any names or given any information on the exact locations in question because I want to be able to file on these areas as soon as I can get things worked out. Even so, I'm not going to stop trying to find out the truth on what's going on here, nor am I going to limit myself to just these areas.
 

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Terry Soloman

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More Cowbell! :occasion14:
 

rodoconnor

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Jeff ,it seems to me that if they don't have the locations recorded it can't be a valid claim. How is a guy supposed to know what is or is not claimed ? You are doing your part.
 

winners58

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seems like you would have to drive to the BLM state office in Phoenix and review the records in the public room yourself.
or if you don't want to do that, file a location notice or two or three what ever it is to record its like $45 or so,
you would then have 90 days to file with BLM but just wait to see what LR2000 shows within the next two months,
last year it took until December 2nd to show closed claims in my area.

I also agree with Rod, adjustments have to be recorded with the county or its not valid.
I have had problems with county recording searches that didn't turn up anything then I did a search by "Name".
 

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Clay Diggins

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No County Recording no claim. It's that simple.

The BLM has no records just case files. It wouldn't matter what they filed with the BLM if they didn't make a public record with the County Recorder's office.

I guess only the older miners understand that the BLM is a newcomer in the mining claims requirements. BLM since 1976. County Recorder since 1870.

Prior to 1976 no notice of any kind was given to the BLM. Now the law requires we give them a courtesy filing notifying them of our public record of claim at the County Recorder.

Heavy Pans
 

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goldenIrishman

goldenIrishman

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I understand what you're saying Clay. The clerk at the county office said that there was nothing shown at all since the original filing back in 1998. No change of interest, no adjustments, nada. And yeah... BLM got involved about 4 years before I got into the game.

Oh.. If it's a law... it's NOT a courtesy!!! They want to make sure they get their money! But believe it or not I actually found in one of the records where they issued a REFUND! Amazing!
 

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goldenIrishman

goldenIrishman

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LOL I was considering posting a copy of your reply to my thank you e-mail here Clay, but I think it would have gotten us both banned for life from the forum. Jan and I laughed our arses off. Hope you enjoy my reply as much....:notworthy:
 

Hoser John

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All BLM State offices have a public room where you can buy information-used to be $1 a page but now?--anyhow just get the section report and all will be revealed. Go there works also in kalif . Also you can do a search by name of claims or claimant also. County Recorder is required to have a notarized copy filed PRIOR to BLM filings also to be legal. Lots of luck with last bureauratz-John
 

Goldwasher

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LOL I was considering posting a copy of your reply to my thank you e-mail here Clay, but I think it would have gotten us both banned for life from the forum. Jan and I laughed our arses off. Hope you enjoy my reply as much....:notworthy:
No fair I want to laugh my arse off too:thumbsup:
 

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goldenIrishman

goldenIrishman

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No fair I want to laugh my arse off too:thumbsup:

Sorry man but that's a personal e-mail and contains mining info from my current research projects. Like they say in the movies... "I could tell ya, but then I'd have to kill you". If posted here I'd have to track down all members of T-Net that accessed the info and take them out as well. I'm too old for that anymore.
 

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goldenIrishman

goldenIrishman

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Yeah.... Everyone knows that Guinness and redheads with attitude are no laughing matter!
 

Goldwasher

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As everyone here knows I have NO sense of humor. Jeff is just leading you on.

Heavy Pans

Yea I picked up on that a while ago.....like the California weather its quite dry around here......

Oh look its raining !!!!!!!!
 

chlsbrns

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Ok...

As most of you know, I've been using the MyLandMatters.org site on a regular basis to research areas in an effort to find some good ground to claim and mine. I use all of the layers and information there to decide on which areas to explore in more depth and to decide on which areas to flat out avoid. Using Clays site I can check things like current claims and who owns them as well as access to just about any given area of interest. Jan and I found some interesting ground in a HIGHLY mineralized area that is only 20 minutes from our house and that's where the "Due Diligence Dance" started. Here is some background information that's highly redacted in some areas to preserve our own interest.

So what you are saying is that the land matters website does not have up to date info? The info it provided was incorrect and/or out of date?
 

Goldwasher

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So what you are saying is that the land matters website does not have up to date info? The info it provided was incorrect and/or out of date?

That's not what he is saying at all....are you?
 

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goldenIrishman

goldenIrishman

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So what you are saying is that the land matters website does not have up to date info? The info it provided was incorrect and/or out of date?

You buy them books and buy them books and all they do is eat the covers! :BangHead:

NO.... Clay keeps that site as up to date as humanly possible and it is as accurate as the information provided by the Government is. That the Government (BLM) is so behind in its own record keeping and that some mining companies do not follow the laws are things that Land Matters has no control over. Without that site I'd still be researching the twisted maze that is the BLM. Without Clays help I'd still be trying to figure out just what the heck happened on the claims located in the areas I've been researching.

Now... For those of you that haven't been paying attention, here is what happened on these claims and why Land Matters turned out to be such a great help. I am not including exact locations to protect our interests in the areas involved.

A certain company from back east comprised of eight individuals filed claims all over western Arizona in 1998. These claims were 160 acres (quarter section(PLSS SPEAK)) in size and more often than not were right next to each other so this company held several entire quadrants. At one point they had claimed up over eight complete quadrants for well over 5,000 acres of land. In 1999 seven out of the eight individuals left the company. ( I suspect that #8 was scamming the others but that's another story) No quit claim deeds were ever filed with the respective countys' recorder, but only with the BLM. THIS IS NOT HOW IT HAS TO BE DONE BY LAW. ALL CLAIMS AND ANY CHANGES TO THEM HAVE TO BE FILED WITH THE COUNTY IN WHICH THEY ARE LOCATED!!!! BLM finally got wind of what had happened and informed the sole remaining "Partner" that the claims had to adjusted in size down to 20 acres because there was only one person now on them. The adjusted size as well as the locations of these "new" claims were NEVER RECORDED with the county. Thus the claims are INVALID! From the time you "Stake" a claim, you have 90 days in which to file it with the county in which the claim is located. If it is not filed within that time, the land must be "rediscovered" and you have to go back to square one in the claiming process.

So... Needless to say the paperwork at the respective countys' office was all messed up thanks to this company not following the laws as they pertain to making a VALID claim. Because they never refiled any changes with the county, after 90 days the land reverted to an open status even though it was shown as claimed on the LR2000 records. This caused a very convoluted mess that I had to untangle before I could consider getting boots on the ground. I take pride in the fact that I ALWAYS stick to the letter of the law in my mining and I would never even consider prospecting on an area that had been claimed by someone else. It is thanks to the Land Matters site, as well as a little coaching from Clay, that I was able to uncover a LOT of prime ground that is legally open to prospecting and claiming. That this company didn't follow the laws is their own fault. Their improper action of filing changes with the BLM instead of the County is what lost them these tracts of land in some of the best placer locations in Arizona.

This is why I love Land Matters so much! Without this resource I never would have been able to find these areas and untangle the true story of what their status currently is. As clay stated earlier in the thread, the BLM is not in charge of maintaining the actual records of claims. That is the job of the county in which the claim(s) is/are located in. Without having access to the information on Land Matters, I would have had to spend a LOT of time and money running back and forth to Phoenix to research the records. Phoenix is about a three hour drive from me and since I drive a truck, I'll let you do the math on the fuel and time that it would have cost me to get this mess untangled.

I hope this clears up your misunderstanding. If not.... well sorry I can't explain it better so you can understand. A certain level of knowledge of the mining laws is required to appreciate just how messed up this company got things. I could spend time drawing pictures to explain, but I'm going mining!
 

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chlsbrns

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You buy them books and buy them books and all they do is eat the covers! :BangHead:

NO.... Clay keeps that site as up to date as humanly possible and it is as accurate as the information provided by the Government is. That the Government (BLM) is so behind in its own record keeping and that some mining companies do not follow the laws are things that Land Matters has no control over. Without that site I'd still be researching the twisted maze that is the BLM. Without Clays help I'd still be trying to figure out just what the heck happened on the claims located in the areas I've been researching.

Now... For those of you that haven't been paying attention, here is what happened on these claims and why Land Matters turned out to be such a great help. I am not including exact locations to protect our interests in the areas involved.

A certain company from back east comprised of eight individuals filed claims all over western Arizona in 1998. These claims were 160 acres (quarter section(PLSS SPEAK)) in size and more often than not were right next to each other so this company held several entire quadrants. At one point they had claimed up over eight complete quadrants for well over 5,000 acres of land. In 1999 seven out of the eight individuals left the company. ( I suspect that #8 was scamming the others but that's another story) No quit claim deeds were ever filed with the respective countys' recorder, but only with the BLM. THIS IS NOT HOW IT HAS TO BE DONE BY LAW. ALL CLAIMS AND ANY CHANGES TO THEM HAVE TO BE FILED WITH THE COUNTY IN WHICH THEY ARE LOCATED!!!! BLM finally got wind of what had happened and informed the sole remaining "Partner" that the claims had to adjusted in size down to 20 acres because there was only one person now on them. The adjusted size as well as the locations of these "new" claims were NEVER RECORDED with the county. Thus the claims are INVALID! From the time you "Stake" a claim, you have 90 days in which to file it with the county in which the claim is located. If it is not filed within that time, the land must be "rediscovered" and you have to go back to square one in the claiming process.

So... Needless to say the paperwork at the respective countys' office was all messed up thanks to this company not following the laws as they pertain to making a VALID claim. Because they never refiled any changes with the county, after 90 days the land reverted to an open status even though it was shown as claimed on the LR2000 records. This caused a very convoluted mess that I had to untangle before I could consider getting boots on the ground. I take pride in the fact that I ALWAYS stick to the letter of the law in my mining and I would never even consider prospecting on an area that had been claimed by someone else. It is thanks to the Land Matters site, as well as a little coaching from Clay, that I was able to uncover a LOT of prime ground that is legally open to prospecting and claiming. That this company didn't follow the laws is their own fault. Their improper action of filing changes with the BLM instead of the County is what lost them these tracts of land in some of the best placer locations in Arizona.

This is why I love Land Matters so much! Without this resource I never would have been able to find these areas and untangle the true story of what their status currently is. As clay stated earlier in the thread, the BLM is not in charge of maintaining the actual records of claims. That is the job of the county in which the claim(s) is/are located in. Without having access to the information on Land Matters, I would have had to spend a LOT of time and money running back and forth to Phoenix to research the records. Phoenix is about a three hour drive from me and since I drive a truck, I'll let you do the math on the fuel and time that it would have cost me to get this mess untangled.

I hope this clears up your misunderstanding. If not.... well sorry I can't explain it better so you can understand. A certain level of knowledge of the mining laws is required to appreciate just how messed up this company got things. I could spend time drawing pictures to explain, but I'm going mining!

You used mess four times. So using land matters will get you in a mess due to the government not keeping things updated and miners not following the law? Sounds like a waste of time to me.

We use government records. The USGS soil and stream sedement records. They pinpoint locations containing gold. We don't have claims here in the east. The locations that we mine are all on private property. No permits needed!

If I was out west I would be making deals with land owners and staying away from land matters.
 

okbasspro

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I love LANDMATTERS with the site and Clays help I have a dredging claim in Arizona that I can run my 4" on. Unless you prospect the desert you can never understand the rarity of that. When people don't follow the rules on claims it creates a muddy mess to try and get a accurate land status. I am going thru this mess myself right now.
 

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