Ca. Claim owners read it and wheap

[Goldwasher]

*Weep

The new recording tax does apply to claims filings.

$75 minimum per document.

First year filings will add $150 bucks

Lame.

I saw the notice on the counter and asked to be sure.

 

[MadMarshall]

I live in Cali.. I have been weeping for a long time.

 

[johnedoe]

Not a lot better here in Oregon.

 

[Johnnybravo300]

Wow they really hate miners there. That doesn't seem like reasonable fees to charge the citizenry when that's their lawful job.
It cost me $12.50 at the county here, total.

 

[Johnnybravo300]

A couple more laws like that and the gold rush will be coming back east again haha.

 

[Johnnybravo300]

Wow they even give you the contact info right there so you can call and complain. That's how much they care. Like a smack in the face!

 

[JohnWhite]

I don't think that you'll ever see me file a claim in California...Even IF I found anything in California worth claiming...LOL

 

[et1955]

They are also adjusting the value of your claims too. Just so they can collect taxes on them, had one of my claims readjusted, now have to pay taxes for it. Not a problem since I pull out an ounce a day on that claim.

 

[Goldwasher]

I don't pay taxes on my claims every year they sign off zero required.

the only real estate doc. you won't pay a tax on is a transfer that is taxed.

The irony it is a tax to support affordable housing.

yet Ca. regs drive up the cost of mining my claim. so they are affecting my income and ability to pay for my housing.

and since have busted my ass the last twenty two years I don't qualify for relief.

(deleted for politics)

makes total sense

 

[et1955]

It's the price you pay to play the game, 22 years, your just getting started.

 

[winners58]

Is an affidavit of annual assessment related to real estate or is it related to completion of requirements of the small miners exemption?
if you pay the $155 you don't have to file one, if you switch from SM waver to paying the maintenance fee
the first year you are supposed to file a NOIH, just the first year
after that you just pay the maintenance fee with BLM and no longer have to file the affidavit.
as I understand it some county's require it be stamped that you've complied with any tax requirements,
I think it's not called property tax but unsecured tax because the title is still with the US. paying the tax is separate?
Might challenge it early next year by filling as "not related to real property"

this exemption page is from Kern county;
http://assessor.co.kern.ca.us/PDFs/current/rcrd-covrSB2.pdf

fyi* Lane county Oregon filing paid $16
Douglas county paid $21 (they added a cover page)

 

[Goldwasher]

Even related documents winners I double checked yesterday. I help people file claims so I have to know the costs before I tell them what there first year will cost them.

Its an added cost now. But, its still better for them to locate on good ground than pay an inflated price from a claim flipper.

I do my labor..way more than required. I work my claim. If you want it perfected you have to do assessment work.

You Have to file a NOIH every year you pay your maintenance fee. The only time you only file a NOIH to hold once is the first time you do a smw. After that you don't have to. unless you switch over to paying maintenance fees.

http://mylandmatters.org/files/pdf/2017mcf.pdf

$155 per 20 acres. I hold 43 acres so right now and more shortly.

So, my partners and I would have to pay $465 in Maintenance fees plus the $75 dollars.

The exemption form does not exempt mining claim documents.

I will never pay a maintenance fee.

The recorder won't record annual paperwork until I get signed off no tax required at the assessors office.

Also the claim owners lament is that a mining claim is in fact "real property"

Because of a B.S. tax I have to pay more than double what I did last year.

(deleted by mod for politics)

 

[Clay Diggins]

Mining claims are real property. The product of the mining claim is taxable. The equipment and attachments (buildings) are taxable.

Here's the Supreme Court ruling that first dealt with mining claims as taxable property. Read this carefully and you will see a way clear of the property tax for most claims. Beware - this can be a minefield.
Forbes v. Gracey, 94 U.S. 762 (1876)

Such a claim is property in the fullest sense of the word. It is subject to a lien for taxes, and may be sold for the nonpayment of them without infringing the title of the United States.

There are hundreds of cases that rule the same way. In one of those cases in 1930 the Supreme Court summed up the gist of all those cases:
Wilbur v. Krushnic, 280 U.S. 306 (1930)

The rule is established by innumerable decisions of this Court, and of state and lower federal courts, that, when the location of a mining claim is perfected under the law, it has the effect of a grant by the United States of the right of present and exclusive possession. The claim is property in the fullest sense of that term, and may be sold, transferred, mortgaged, and inherited without infringing any right or title of the United States. The right of the owner is taxable by the state, and is "real property," subject to the lien of a judgment recovered against the owner in a state or territorial court.

Mining claims are conveyed by deed, or leased by the claimant to the company seeking to develop the property. Such a deed or lease (or memorandum of it) needs to be recorded in the real property records of the county where the property is located, and evidence of such transfer needs to be filed with BLM.

The California $75 recording fee add on you are stuck with until you can convince your representatives to make an exception. This is a California State issue - not a mining law issue.

Every claim owner is required by law to make an annual public record (FLPMA 1976) as well as the BLM filing so you won't find any help in Federal law. Not recording a Notice of Intent to Hold when you pay the $155 maintenance fee puts your claim up for grabs. Make your required annual public recording and your required annual BLM filing and maintain your claim and you are good to go.

I'm sorry to hear California has found another way to extract the last few bucks from their property owners, sorry but not surprised. If your claim isn't worth the additional $75 it might be time to look for a better claim.

Heavy Pans

 

[Goldwasher]

it's worth it for me maybe not for others and I do like the fact that it will affect claim flippers in a very negative way

 

[Bodfish Mike]

this exemption page is from Kern county;
http://assessor.co.kern.ca.us/PDFs/current/rcrd-covrSB2.pdf

Link did not work for me

 

[winners58]

they may have changed the name try this one
http://assessor.co.kern.ca.us/PDFs/current/RCRD-cover.pdf

 

[winners58]

the county recorder does not interpret the laws, this needs to be challenged or lobby that
the affidavit of assessment is in lieu of paying the fee, proof of labor was changed in 1993 to a maintenance fee.
the new $75 is a tax! shouldn't have to pay tax on a obligation/condition for waving a fee.

 

[Goldwasher]

shouldn't

that's a good one.

All the recorders are against the tax.

It's either proof of labor or maintenance fee.

Proof of labor is the cheaper.

Not sure what you mean by proof of labor being changed.

this is California you can't apply logic.

 

[Treasure_Hunter]

Please keep the political comments out of threads or it will be locked, all these replies violate our rules on politics. this post will disappear...

Well if nothing else it's comforting to know socialism is alive and well. Take from the miners to pay for housing? Saddest part is the biggest recipients will probably be illegals that they so love to harbor.
They overstep every legitimate law to oppress someone else being productive.

sit on your ass ..we have a program for that.

Work and create value...you need to give us some of that to give to the ass sitters.

makes total sense

Because of a B.S. tax I have to pay more than double what I did last year.

To supposedly pay for housing for people who would rather be on the Governments dirty udder.

Just tell them you are illegal. I think they have a special fund set up for you in Calif.

 

[Johnnybravo300]

I don't even know how to reply to these posts I guess haha. Seems like it's a political issue but maybe not.
Sorry if I offended anyone here.....