filing on an expiring claim

schnackj

Tenderfoot
Feb 14, 2014
8
9
central valley CA
Primary Interest:
All Treasure Hunting
Hello,

I'm looking for some help from someone experienced with the claim system. There is an area I have been interested in for a while that has a actives claim on it. The individual with these claims lives far out of state and has multiple claims under both his name and an LLC that he owns spread over this area. I've periodically check on a number of claims I find interesting on LR2000, I noticed for the claims I'm interested in that no small miner cert or maintenance fees have been paid this year. On the other claims both under this individuals name and LLC it shows that small miner certs were filed on time this year.

The claim still shows up as active on LR2000, will it be automatically closed and open to be reclaimed on January 1st?
I've gone to the county recorders office and have copies of the original filings and claim maps.
 

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Clay Diggins

Silver Member
Nov 14, 2010
4,892
14,264
The Great Southwest
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Neither the BLM nor the LR2000 determine whether a claim is valid. Unfortunately the California BLM is more than two years behind on their mining claim case file closures. If you are waiting for the California BLM to update the LR2000 you may be out of luck.

The claim case file would be closed as of September 1, 2020 if their was no annual filing made before that date. January 1 would be the case closed date if the filed but did not complete their labor filing before the 30th of December 2020.

Sadly the failure of the California State BLM office to keep their mining claim case files current leaves many prospectors in the same position you are in. You can go ahead and stake and record the location and hope it's good or wait until the cows come home to see the LR2000 reflect reality.

Other State BLM offices at least try to meet the 5 day requirement for updating their case files. Your experience would be very different in another State. Whether the California State BLM does this purposefully or through an inability to do a simple job is anyone's guess. Either way it is a large and continuing detriment to mining in that state. :BangHead:

Heavy Pans
 

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schnackj

Tenderfoot
Feb 14, 2014
8
9
central valley CA
Primary Interest:
All Treasure Hunting
thanks for your take on this.
So if their other claims show current filings and fees paid the claims without any fees paid are likely already invalid and I can claim on top of them?
It would make sense all the paperwork would have been sent in at the same time from the owner.
Is there someone at the BLM office I can call to check the status of the claim in this case?
 

Clay Diggins

Silver Member
Nov 14, 2010
4,892
14,264
The Great Southwest
Primary Interest:
Prospecting
Is there someone at the BLM office I can call to check the status of the claim in this case?

No.

From my previous reply - "Neither the BLM nor the LR2000 determine whether a claim is valid."
If the BLM hasn't updated the case file no person at the BLM can tell you anything but what you can already see on the serial register page.

It's a gamble whether the claim case file is eventually closed or not. It's your choice whether to risk the location work and fees to possibly end up with a valid claim. In the end no one else can do the due diligence required of a locator.

I've just got to ask the obvious question. Why do you think this area is worth locating a claim on?

It's an important question because by law you are going to have to discover valuable minerals before you can locate a claim. Locations aren't just paperwork, you must put boots on the ground before locating. Do you feel confident sampling, staking and locating an area you have determined to be worth claiming? If you do go ahead and give it a shot, hopefully you will find a good deposit worth locating. If you aren't confident in doing the preliminary on the ground claim work it's probably better you look elsewhere.

Heavy Pans
 

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et1955

Hero Member
Jan 10, 2015
913
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thanks for your take on this.
So if their other claims show current filings and fees paid the claims without any fees paid are likely already invalid and I can claim on top of them?
It would make sense all the paperwork would have been sent in at the same time from the owner.
Is there someone at the BLM office I can call to check the status of the claim in this case?

First Clay is the master on claims, it is his experience and knowledge that makes Him the expert, you would be wise to listen to him. Next I see you are in California, are the claims you are interested in there too, if so , all claim owners must register with county recorders office and pay a recording fee for their claims plus a big tax to keep there claims every year and a notice of intent to hold is required too and you must clarify if you paid full maintenance fee's to the BLM or requested a maintenance fee waiver that is where you need to go to check on the status of a claim not the BLM, Get it, don't file till you do that or you will be in trouble, you must do your due diligence before you file over someone else's claim.
 

winners58

Bronze Member
Apr 4, 2013
1,729
4,058
Oregon
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find the filings for the other claims and this one at the county recorders
it should be one of the claims on the assessment, it may have just been missed when BLM entered the data, if not it may still be filed separately by Dec. 31st
could also be some other reason, I've seen them transferred to others to get under 10 for the small miners waver and such.
if the claim is paid each year they usually post at least as moneys received,
or could be someone died, the LR2000 wont necessarily be updated if there is correspondence or if there was some other problem.
keep an eye on it, with some due diligence you might be able to file on it right after the first of the year.
you don't have to wait until it says closed But risk losing your filing fees if the current owner has a curable defect that is just being processed.
 

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Goldwasher

Gold Member
May 26, 2009
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thanks for your take on this.
So if their other claims show current filings and fees paid the claims without any fees paid are likely already invalid and I can claim on top of them?
It would make sense all the paperwork would have been sent in at the same time from the owner.
Is there someone at the BLM office I can call to check the status of the claim in this case?

you would need to see the SMW it will list the covered claims... if he owns more than ten the waiver isn't valid for any.. i have several claims all coverd by a waiver..however the waiver isnt shown on all thr srp pages.... I would assume that the claims you are looking at are covered by the waiver shown on the other claim SRP.

You can have BLM email you the files for each claim... but the waiver may only show up on one filining.

you need to see the Small miner waiver to see what claims it lists.

his address is listed you can also reach out to him...

llc makes it sound like he may be a claim flipper also.
 

Reed Lukens

Silver Member
Jan 1, 2013
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BLM is especially slow this year, even though I filed and paid everything on time, they still hadn't processed my paperwork until last week and I still haven't gotten the main paperwork back from them, though it is posted as active. They didn't register anyone in our section until November 1st... according to the LR2000. I had talked with them and they had told me that they had it but hadn't processed it way back in September. So don't jump the gun this year with BLM, check with the counties.
 

CathyNoel

Greenie
Mar 28, 2020
10
3
39 Emma Street, Southland, Texas(TX)
Primary Interest:
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The Bureau of Land Management (BLM) administers more public land - over 245 million surface acres - than any other Federal agency in the United States. Most of this land is located in the 12 Western states, including Alaska. The BLM's Legacy Rehost System, called LR2000, provides reports on BLM land and mineral use authorizations for oil, gas, and geothermal leasing, rights-of-way, coal and other mineral development, land and mineral title, mining claims, withdrawals, classifications, and more on federal lands or on federal mineral estate. The LR2000 enables users to access the same information over the Internet as in the BLM State Office Information Access Centers.

LR2000 provides access to the following systems. To run reports you will need to know which of the following systems the information you are looking for is in:
https://christineguides.weebly.com
Case Recordation (CR) contains information on land and mineral use authorizations, title, withdrawals, classifications, and more issued by the BLM on federal actions affecting public lands of the United States. https://anchor.fm/cpstest
Mining Claim Recordation (MC) contains information on unpatented mining claims located on federal lands.
Status (ST) contains information on withdrawals, land classifications, and title transfer documents issued mainly before 1984. Title documents transferred lands in and out of government ownership.
Legal Land Description (LLD) contains cadastral survey data and other information such as state, county, BLM field office, and surface management agencies (BLM, Forest Service, etc.).

Please see the options on the left for further information about the LR2000 system, as well as informational resources such as user guides and reference materials.
Note
-LR2000 is not available from 1:00 AM - 3:00 AM Mountain Time.

-Mining Claimants can now pay their annual maintenance fees online at https://payp.blm.gov/eppcore/home
-Reporting maintenance window every Thursday 5-7pm Mountain Time.
 

et1955

Hero Member
Jan 10, 2015
913
1,784
Shoreline,wa
Detector(s) used
Equinox 800
Primary Interest:
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The Bureau of Land Management (BLM) administers more public land - over 245 million surface acres - than any other Federal agency in the United States. Most of this land is located in the 12 Western states, including Alaska. The BLM's Legacy Rehost System, called LR2000, provides reports on BLM land and mineral use authorizations for oil, gas, and geothermal leasing, rights-of-way, coal and other mineral development, land and mineral title, mining claims, withdrawals, classifications, and more on federal lands or on federal mineral estate. The LR2000 enables users to access the same information over the Internet as in the BLM State Office Information Access Centers.

LR2000 provides access to the following systems. To run reports you will need to know which of the following systems the information you are looking for is in:
https://christineguides.weebly.com
Case Recordation (CR) contains information on land and mineral use authorizations, title, withdrawals, classifications, and more issued by the BLM on federal actions affecting public lands of the United States. https://anchor.fm/cpstest
Mining Claim Recordation (MC) contains information on unpatented mining claims located on federal lands.
Status (ST) contains information on withdrawals, land classifications, and title transfer documents issued mainly before 1984. Title documents transferred lands in and out of government ownership.
Legal Land Description (LLD) contains cadastral survey data and other information such as state, county, BLM field office, and surface management agencies (BLM, Forest Service, etc.).

Please see the options on the left for further information about the LR2000 system, as well as informational resources such as user guides and reference materials.
Note
-LR2000 is not available from 1:00 AM - 3:00 AM Mountain Time.

-Mining Claimants can now pay their annual maintenance fees online at https://payp.blm.gov/eppcore/home
-Reporting maintenance window every Thursday 5-7pm Mountain Time.

Dear CathyNoel, all you wrote we know but thanks for the refresh and if you want to expand your knowledge on all things about mining claims, property ownership, history of mining and so much more go to the " MY land Matters " web site. Knowledge is power, thanks Clay for what you have done for all us miners.
 

Reed Lukens

Silver Member
Jan 1, 2013
2,653
5,418
Congres, AZ/ former California Outlawed Gold Miner
Detector(s) used
Tesoro Vaquero, Whites MXT, Vsat, GMT, 5900Di Pro, Minelab GPX 5000, GPXtreme, 2200SD, Excalibur 1000!
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And just so you know, you can't use their website to pay the fee's because they haven't got it up and running yet. They've had a bunch of problems with it and right now, even though it shows up and looks ready, it isn't and it won't take your money.
 

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