Prospecting county/state land

[benny]

Hi,
I live in Oregon and wondered if anyone could fill me in on what's required to prospect county or state land? Any restrictions? Who would I contact for permission?
Thanks

 

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[Bonaro]

Prospecting and Recreational are two different activities.

Prospecting is the act of looking for a gold deposit. Mining is the profitable recovery of the found deposit. You obtain a claim to protect your rights to that deposit. This is why its called a mining claim and not a prospecting claim. No such thing as recreational mining. Prospecting and mining is a protected right. Recreation is a privilege that can be taken away at the whim of the government.

You can prospect anywhere provided you follow the rules and get permission from the owner or government body that manages the area. You dont need permission to prospect most federal lands because you already own them.

 

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[winners58]

In Oregon

on State owned lands that include the bed of rivers, they fall under the public trust doctrine like a navigable river or on open state
or city lands, in this case mining/prospecting is recreation and only as much right as anyone else, some area's have special rules like in parks
city parks you may have to go to city hall to ask, county lands are leased, before the moratorium Josephine county had a prospecting lease

in Oregon Non-motorized mining is exempt from applying for a permit, best management practices are written in statute.
they want you to download a copy of the 700pm keep it in your truck, guess they want to be sure you follow BMP's
http://www.oregon.gov/deq/FilterPermitsDocs/700pmpermit.pdf

 

[russau]

Thankyou Clay and winners58

 

[benny]

Map of state owned property's as of 2013 may have changed, (zoom in click "legend")
Oregon State Land Inventory Viewer (doesn't mean they are open to the public)

Thanks for the map! Looks like state land I was interested is owned by Dept of Forestry. Don't know what rules might apply though.

 

[benny]

For state, county and city (and private) lands, the concepts of mineral entry and such do not apply. At all. Each land owner can set their own rules for what you can do on their land. It isn’t “public lands” in any of these cases. So what can you do? Ask! Rules vary...for example, on most state lands in CO you need a lease agreement to remove any minerals at all ( the leases provide school infrastructure funding). Some state wildlife lands allow casual prospecting but most don’t. Meanwhile, some local city parks departments allow non-motorized gold prospecting right in city parks! Almost all the waterways in metro Denver (including right downtown!!) allow electric and manual methods...except a couple that don’t...check for rules, ask if confused. Remember that everything which is not forbidden, is allowed under US common law. Also remember you are a GUEST on these lands...play nice with other users, clean up your area when done daily and avoid giving any reason for someone to complain. Don’t push the limits and don’t disturb anything someone else spent money on! We lose access to these lands easily (one city council vote and BAM you are a criminal subject to fines and equipment forfeiture) so be a good ambassador for small scale prospecting and never tell anyone you are mining since it would be illegal to establish a mine on those lands without a prior agreement with the landowner! Rant over

I have a federal mining claim but I’ve specialized in learning about and digging on local govt lands for a number of years. They aren’t claimable and are often overlooked as a result. Often I’ve found quite good gold in a park wedged between an oil change shop and a neighborhood!

Good post, Kevin.
I have no intention of claiming, but am interested in sampling (prospecting). If gold is good enough, my intention was to look into a lease. Seems pretty dumb for CO to require the lease first.

 

[benny]

on State owned lands that include the bed of rivers, they fall under the public trust doctrine like a navigable river or on open state
or city lands, in this case mining/prospecting is recreation and only as much right as anyone else, some area's have special rules like in parks
city parks you may have to go to city hall to ask, county lands are leased, before the moratorium Josephine county had a prospecting lease

in Oregon Non-motorized mining is exempt from applying for a permit, best management practices are written in statute.
they want you to download a copy of the 700pm keep it in your truck, guess they want to be sure you follow BMP's
http://www.oregon.gov/deq/FilterPermitsDocs/700pmpermit.pdf

Never thought of state land being the same as public waterways, but believe you are right. County will be different though. Seems like Douglas County was considering opening Grave Creek land open to lease, but that the suggested cost was prohibiting. Guess I'll try to track down newspapers reports on that to see which departments are involved.

 

[benny]

Thanks, everyone! Think I've got it

 

[Assembler]

Public lands / Public Domain / Surveys.

SECUNDUM FORMAM DONI. According to the form of the gift or grant. See Formedon. Black Law 4th ed. page 1521.
FORMEDON. An ancient writ in English law which was available for one who had a right to lands or tenements by virtue of a gift in tail.Blacks Law 4th ed. page 780 - 781.
SECUNDUM SUBJECTAM MATERIAM. According to the subject-matter. All agreements must be construed secundum subjectam materiam if the matter will bear it. Blacks Law 4 the ed. page 1521.
META. Lat. A goal, bound, or turning-point. In old English law, the term was used to denote a bound or boundary line of land; a landmark; a material object, as a tree or a pillar, marking the position or beginning of a boundary line. Blacks Law 4th ed. page 1141.

Just some background information since this one can no longer edit the first post.

 

[IMAUDIGGER]

Assembler, what the heck are you talking about? It would help if you explained how you think this applies to the discussion.

 

[Goldwasher]

Don't bother man he isn't gonna explain.

The algorithm hasn't figured itself out yet

 

[Bejay]

In Oregon: I prospect State and County Lands. A simple call to either one asking the question: What are the restrictions to the public, can usually give you the answer. Keep your question simple. No need to go into detail about your activity. Walking the dog, hiking, camping, fishing, hunting, etc are activities that tell you that the County or State lands are open for human activities. That said, I suggest you prospect and maintain a low profile. One can dig for bait if one has a fishing rod handy etc.

I think you can "get my drift". I was a County Planning Commissioner and a Port Commissioner and I learned from "staff" the truth is in the "pudding" .....know how to ask the right questions so you get your desired answer. Does not hurt to get the name of the person you talk to.

An example that is worthy of consideration: I was looking to by some navigable waterway/river front property. I was interested in placing a dock and a building on it for a Rogue River Jet Boat operation. I was told I could put the building on it only for storage purposes. I could not work on the boat in the building. So if a boat is in a building and you wanted to go do some low key work/maintenance on it; who is policing the activity. And with that: what would be the consequence of being caught doing something they did not like? Sometimes asking forgiveness is easier than getting permission.

Bejay

 

[Assembler]

In Oregon: I prospect State and County Lands. A simple call to either one asking the question: What are the restrictions to the public can usually give you the answer. Keep your question simple. No need to go into detail about your activity. Walking the dog, hiking, camping, fishing, hunting, etc are activities that tell you that the County or State lands are open for human activities. That said, I suggest you prospect and maintain a low profile. One can dig for bait if one has a fishing rod handy etc.

I think you can "get mu drift". I was a County Planning Commissioner and a Port Commissioner and I learned from "staff" the truth is in the "pudding" .....know how to ask the right questions so you get your desired answer. Does not hurt to get the name of the person you talk to.

Bejay

Good tip Bejay and thanks for posting.