Mining Claim Question

[Dig em all]

With regards to mining claims. If I understand this correctly,,,You as the claim owner, after all your paperwork is complete with the BLM. means trespassing would be illegal regardless of what they were doing.... Like Hunting or fishing for that matter ..What I'm getting at is if you are the claim owner ,,you can lease your claim out but can you lease the land area for camping,, hunting,,fishing,,etc..? to someone that wants to hunt or camp the area?​

 

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[Bejay]

Each State has laws on Claim Trespass. Here is Az for an example:

ARIZONA REVISED STATUTES 13-1504
A. A person commits criminal trespass in the first degree by knowingly:
4. Entering unlawfully on real property that is subject to a valid mineral claim or lease with the intent to hold, work, take or explore for minerals on the claim or lease.

13-1504. Criminal trespass in the first degree; classification

A. A person commits criminal trespass in the first degree by knowingly:
4. Entering unlawfully on a valid mineral claim with the intent to hold, work, take or explore for minerals on the claim .
B. Criminal trespass in the first degree under subsection A, paragraph 1, 5 or 6 is a class 6 felony. Criminal trespass in the first degree under subsection A, paragraph 2, 3 or 4 is a class 1 misdemeanor.

Mineral trespass — Penalty.
(1) A person commits the crime of mineral trespass if the person intentionally and without the permission of the claim holder or person conducting the mining operation:

(a) Interferes with a lawful mining operation or stops, or causes to be stopped, a lawful mining operation;

(b) Enters a mining claim posted as required in chapter 13-`504 and disturbs, removes, or attempts to remove any mineral from the claim site;

(c) Tampers with or disturbs a flume, rocker box, bedrock sluice, sluice box, dredge, quartz mill, or other mining equipment at a posted mining claim; or

(d) Defaces a location stake, side post, corner post, landmark, monument, or posted written notice within a posted mining claim.

(2) Mineral trespass is a class 6 felony.

Bejay

 

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[Bejay]

The proper response to mineral theft is to notify the Sheriff (not the police). To be effective the Sheriff needs two things:

1. Proof of a valid mineral claim. You had better have a certified copy of the County Recorders filing with you or you are just whistling dixie from the Sheriff's point of view. The BLM filing doesn't prove a claim - leave it at home in your claim records.

2. A mineral theft in progress. If you alert the thieves before the Sheriff arrives and they cease the theft the Sheriff will take a report and curse you under his breath for distracting him from potential crimes in progress. If you don't have a crime in progress, with the perpetrators on the claim, make your complaint at the Sheriff's office rather than making him drive out to your claim.


Fencing public land is not a right that comes with a claim. The Mining laws clearly state that others have a right to passage over your claim.

Taking someone's mining equipment is theft whether or not they are on your claim. Restricting passage or confiscation (theft) will be cause for your arrest and prosecution.

Attempting to hold trespassers on your claim after you have notified the Sheriff can get you shot by either the trespassers or the Sheriff. If there is more than one trespasser and you are alone (no witnesses) you may be accused of kidnapping.

Your remedy against mineral trespass is both criminal (put them in jail) and civil (take their money in court). Doing the wrong thing or acting rashly can put you in danger of being arrested and sued. One should know your rights and enforce them. Overreacting to trespass can put you in danger and if not acted upon correctly eflects badly on all miners in the public eye.

Bejay

 

[Bejay]

Gates and access

If and when you are denied access or deny it to others you can reference the following:
Give these to your Sheriff:

LEO SHEEP COMPANY v.UNITED STATES of America (Wyoming Case)

43 USC § 1061 (Federal Law)

BUFORD v. HOUTZ (Supreme Court)

CAMFIELD v. UNITED STATES (Supreme Court)


It's well established law that public lands have public access. If your Sheriff won't open them up after you educate him you can get a court order to open them. Then elect a new Sheriff that will enforce the law.

Bejay

 

[M.E.G.]

Executive Summary The Mining Law: The Extent of Federal Authority Over Public Domain

http://www.jeffersonminingdistrict.com/exec.pdf