Access Mining Claim behind locked gate in Kern River

[VO3434]

I recently purchased a mining claim in the Kern River area….long story short, I drive out there with my equipment only to find a locked Forest Service gate on the dirt road that leads to my claim. The gate is a little over 4 miles from my actual claim, making hiking with all the gear not possible. I went to the ranger station and was told that I need to fill out the proper paperwork in order to "possibly" get a key for the gate. I did that last week, filled out the proper paperwork. Called back today to get a status update and was told that it could take two months for them to even get to my paperwork…it's just sitting there. Anyone have any info on what my legal rights are with this ?? I was told that they cannot, legally , keep me from my claim and that , at the very least , have to grant me access to drop off my equipment.
Any help on this would be greatly appreciated.

 

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[KevinInColorado]

Some of the gates here in CO have a half dozen locks between various links of the same chain! I always figured that was because people made their own (lawful) entry. Not saying you SHOULD do that but I guess you could. Just sayin'

By the way, posting this over in the Gold Prospecting forum would get more constructive help I bet.

 

[Tom_in_CA]

bolt-cutters, then just add your own lock in with the others ? Or is there strictly a single pad-lock on there, which might cause someone to wonder "who's lock is this?". Worst case scenario and you're only out a few dollars of the cost of the lock

 

[cudamark]

Have you asked who DOES have a key to that gate? Maybe that person will just be kind enough to open it up for you so you can drop off your equipment at least. If they won't give you the time of day, I'd be tempted to pick the lock and then claim it was left unlocked if anyone asked.

 

[aarthrj3811]

Go to BLM and find out who owns the property...If it is claimable just hang some paper work on it.. That will get their attention. there is always another way to skin a cat or Rangers..Art

 

[augoldminer]

I would just add another lock next to the FS or BLM lock.

Done this many times and have come back and found my lock added in the chain of locks by some unknowing employee.

In other areas i just used my knowledge as a local firefighter to open the FS or BLM lock.
In many cases the local fire department is first on the fire and has to know the lock combo to get in to fight the fire till the BLM or FS crews arrive.
Clue last 4 numbers of the local BLM or FS office. many fire locks are this type
http://www.homedepot.com/catalog/productImages/400/e0/e0d9be31-8b51-46f6-9874-44261fbd7782_400.jpg

105 Whitney Road
P.O. Box 9
Kernville, CA 93238
760-376-3781

 

[Tom_in_CA]

I would just add another lock next to the FS or BLM lock.

Done this many times and have come back and found my lock added in the chain of locks by some unknowing employee......

Tsk tsk, sneaky sneaky. What's this world coming to ?

Oh, and that's also a good way to get into old-town demolition sites, is to just go by during the day when it's open, and add your lock. Assuming that it's one of those type sites with several entities coming and going with their separate locks.

Not saying I'd ever DO such a thing (heavens no), but .... since YOU started it, .... just sayin' ....

 

[KevinInColorado]

Stopped at the gate which "guards" an area I'm prospecting in and was interested to see keyed locks with the names of the local town and forest service offices engraved on them and an old Masterlock combo lock which is rusted closed. This is a historic gold mining area but there are no current claims at all, probably due to the gold being up in benches a long way from the water. Anyway, an added lock would sort of stand out yes?

PS I was amused to notice the pieces of cut chain links in the dirt where they fell when the chain was cut to add those locks.

 

[OldMiner]

OldMiner

Go to BLM and find out who owns the property...If it is claimable just hang some paper work on it.. That will get their attention. there is always another way to skin a cat or Rangers..Art

You may do better to check your county records to find the land owner if you want to just get permission that way.
Regardless, someone will have to give you access if my understanding is correct. I'm not a lawyer by the way.

All the best in your endeavors.

 

[Honest Samuel]

I am not in mining, but, it is interesting that one person can own land, and another person has mining rights. That means the present or past owners sold the mining rights. Check out the owner, who must allow permission to go to the claim. If permission is not given, then complain to the local enforcement office. As far as the locks, I would be very upset, and I would removed all locks and thrown them away. I would use my lock, and let government officers and others find out who put the new lock on. Good luck and good mining. Keep in touch.

 

[Clay Diggins]

I am not in mining, but, it is interesting that one person can own land, and another person has mining rights. That means the present or past owners sold the mining rights.

Most of the private land in the United States has reserved mining rights. Much of that land can be mined by the first person to claim it and file the paperwork with the BLM and the Surface Estate owner. Seldom do private landowners outside the original 13 colonies own the subsurface mineral rights.

It sounds like this is more a case of the Forest Service locking a gate that accesses public land. In that case the mining claimant has the legal right to free ingress and egress even though the general public has been denied access by the management agency.

Some Forest Service employees don't like that requirement of their job so they drag their feet complying with the mining claim owners lawful right to gain entrance in the hopes they will just go away. I hope in this situation that's not what happened.

 

[KevinInColorado]

I am not in mining, but, it is interesting that one person can own land, and another person has mining rights. That means the present or past owners sold the mining rights. Check out the owner, who must allow permission to go to the claim. If permission is not given, then complain to the local enforcement office. As far as the locks, I would be very upset, and I would removed all locks and thrown them away. I would use my lock, and let government officers and others find out who put the new lock on. Good luck and good mining. Keep in touch.

Destruction of government property and putting others in danger (one of those locks can be opened by the local fire fighters) is not cool. It's one thing to add your own lock and a whole other to deny rightful access just as it was denied to you. Two wrongs does NOT make a right!

 

[KevinInColorado]

Destruction of government property and putting others in danger (one of those locks can be opened by the local fire fighters) is not cool. It's one thing to add your own lock and a whole other to deny rightful access just as it was denied to you. Two wrongs does NOT make a right!

Moral rebellion would be to remove all the locks and the chain I suppose. Maybe even cut up the gate and leave it in small pieces. That wouldn't last long though. Better to use the law to correct the regulatory action....it's harder but more permanent.

 

[Jason in Enid]

I am not in mining, but, it is interesting that one person can own land, and another person has mining rights. That means the present or past owners sold the mining rights. Check out the owner, who must allow permission to go to the claim. If permission is not given, then complain to the local enforcement office. As far as the locks, I would be very upset, and I would removed all locks and thrown them away. I would use my lock, and let government officers and others find out who put the new lock on. Good luck and good mining. Keep in touch.

Stay in your own pond and don't give possibly (probably) illegal advice in areas you profess to have no knowledge!

 

[cudamark]

Stay in your own pond and don't give possibly (probably) illegal advice in areas you profess to have no knowledge!

As i read his post, it just seems that he's saying what HE would do, not advocating anyone else copy it.

 

[yodi]

Cut it

 

[jastrowinkle]

contact the blm