camping on someone elses mining claim

[RGINN]

bigfoot1 can you still get a patent on a mining claim? If so, I got some plans. I know of one placer claim down along the Arkansas, across the river from where I usually camp, where it seems the claimant comes out and checks on people. I think if I had a placer claim down there, I would put up a drop box by it with a sign sayin "Tourists, pan all day on my claim, $1" and I would make out like a bandit. The average Colorado visitor with a brand new gold pan is not really gonna make much impact on your claim, other than maybe scattering around some trash.

 

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[oldhdrider]

Morn'n DizzyD, Good advise. Looking up the claim owner of a spot I would like to camp on is what I'm thinking. Then I could find out if that person had plans to go there the same time I was planning. I'd hate to be camping on a spot and have the claim owner show up and want to camp and mine his claim. I know I have the right to camp there but you know, it's kinda like he's paying for the spot to mine there. I think I could pack up and move. If it was the other way around I'd hope the person would move. Just mutual respect and consideration I suppose.

You have every legal right to camp on that BLM land so long as
you are not prospecting or even collecting rocks.

A "Claim" is solely a legal claim to the minerals on that particular
piece of dirt.

If you have found a spot that you want to regularly camp, and it
is also someones mining claim, then I would suggest you look up
the claim owner, contact them and advise them that you are strictly
camping there for the beautiful surroundings, and aren't the least
bit interested in the minerals there.

It's really not the claim owners choice...they don't own the property.

 

[T.C.]

Hey oldhdrider, I've got relation living in Hayfork....my grandparents are both buried there also. I'll bet you know the Ferguson's.

Ya, I was pretty sure. I like to start the day with a good chuckle.

Are you a miner or more of a detectorist?

Btw, I am not a new guy and I have been playing 'off' the sidewalk for a while now.
Grew up in Trinity Co. in the 50's and 60's. Well, actually, if you ask my wife, I haven't grown up yet.

 

[oldhdrider]

Hi ya T.C., The name sure sounds familiar. Bet my brother knew/knows 'em as he is ex-leo, now S&R. I left Trinity Co. about '78. Logged and cut firewood around Hayfork and Hyumpom. Downed a few, ok...a bunch, at the old Hayfork Hotel bar. Great folks around there. Good times!

Hey oldhdrider, I've got relation living in Hayfork....my grandparents are both buried there also. I'll bet you know the Ferguson's.

 

[CA Gold Hunter]

I don't have any scary links.....but I got a doozy of a story.

12-13 years ago here in Colorado...one of my friends father shot a claim owner after he was drawn and fired upon by said claim owner. Luckily the claim owner missed....and my friends father did not. He hit the claim owner in the leg and abdomen. The man survived so no dreadful ending here.

They were both backpacking and fishing (no prospecting tools whatsoever) and stumbled across this guys claim in the deep mountains. Next thing they know the ground it ripping up around them and bullets are whizzing by. Guy had a 6-shot revolver and unloaded all 6 and went for his re-load....friends father drew and fired during his reload. Claim owner didn't even go for cover.....just stood there firing like a madman they said. Tons of alcohol bottles found on-site....empty and full.

Both men were cuffed and taken into custody as is normal procedure when you fire upon somebody....self-defense or not. Friends father was released and cleared of all charges X amount of time later (unsure of time spent in custody).....the other man was arrested on attempted murder which eventually got reduced to some lesser charge. Dude spent like 18 months in jail and was released. Doubtful if he will ever own a claim again.

That being said...I carry 100% of the time in the hills. I also still camp in claimed areas here in Colorado as 99% of the claim owners are great people and not mental. There are so many claims it would be impossible to navigate around all of them in some areas. Like stated above...it is for the mineral rights only.....camp away. Just be careful.

This is the reason I always carry in the woods anymore, never know when you might happen upon some lunatic or junkie. I started after a friend of mine and I got shot at by either tweakers or dope growers. That would be a good shoot even here in the comifornia.

It's funny because a lot of friends I have that grew up in the city are afraid of the 4 leg creatures in the woods but it's really the 2 leg ones you gotta watch out for...

 

[oldhdrider]

Morn'n C A Goldhunter,

About '77 or '78 I was contracting to Continental Telephone in No. Calif., Humboldt Co.. We were doing an outside plant inspection/inventory which meant we had to, on foot, measure the distances between EVERY phone pole for the entire phone company. Now, I have to tell ya, while walking over and all around those hills following phone cables out in the middle of nowhere we ran into some very interesting people and some interesting sights. Some of the folks we ran into were a lil skiddish and most were pack'n. We couldn't have any weapons and we were told "do not get off the right of way"! We had to wear yellow hard hats and red vests. The company put up fliers on all billboards and most bars to communicate to folks what we're doing. Still a few times we were approached and asked "what the f@@@ are you doing here?!". Ya. That was an interesting project.
/

This is the reason I always carry in the woods anymore, never know when you might happen upon some lunatic or junkie. I started after a friend of mine and I got shot at by either tweakers or dope growers. That would be a good shoot even here in the comifornia.

It's funny because a lot of friends I have that grew up in the city are afraid of the 4 leg creatures in the woods but it's really the 2 leg ones you gotta watch out for...

 

[bigfoot1]

bigfoot1 can you still get a patent on a mining claim? If so, I got some plans. I know of one placer claim down along the Arkansas, across the river from where I usually camp, where it seems the claimant comes out and checks on people. I think if I had a placer claim down there, I would put up a drop box by it with a sign sayin "Tourists, pan all day on my claim, $1" and I would make out like a bandit. The average Colorado visitor with a brand new gold pan is not really gonna make much impact on your claim, other than maybe scattering around some trash.

rginn...not easily done and almost exclusively done for lode mining,not placer.You have to,"perfect the patent"in federal court showing that giving you literal ownership of the 20 acre claim(if only one)is in the best interest of the country.Proof of high value,economic betterment for local public etc.Super unlikely in todays climate where the feds want to kick you off federal lands for any use.

 

[Coinhawk]

A lot of good advice in this thread, everyone. Good stuff.

Not much to add other than to confirm that open carrying in an out-doors rural environment is not out of the ordinary.

My father and I went digging for gemstones awhile back on private land (with permission) and the landowner had me follow him in his truck to where the best spot was. When we got there he showed me around on foot, and had a 1911 .45 on his hip. This was deep in Texas, so not abnormal. I probably would have been more wary had he not had a sidearm to be honest.

At the end of the day, both my dad and I found pretty nice stuff and even cleaned up some trash and a broken bottle we found on the guy's land and paid him a small fee for the access to the land, so it was win/win.

As for camping on non-fenced non-private proprty claims, and if you look and act like a camper I don't think a claim owner would have a problem. Just don't collect rocks, metal detect, etc. Though if it was me, I'd probably just keep looking for a spot where I wouldn't have to feel limited, especially with MDing.

 

[T.C.]

Yup!! I threw back a few at the Hotel bar too....sometimes quite a few!! Uncle Fergy was half owner in a loggin' outfit until he mysteriously ran off the road between Wildwood?? and Hayfork. There was 12 or 13 in my moms family, so it made for many a WILD family reunion!!

Hi ya T.C., The name sure sounds familiar. Bet my brother knew/knows 'em as he is ex-leo, now S&R. I left Trinity Co. about '78. Logged and cut firewood around Hayfork and Hyumpom. Downed a few, ok...a bunch, at the old Hayfork Hotel bar. Great folks around there. Good times!

 

[mendoAu]

Above posts pretty much cover the question. I live year around on a mining claim here in SW Oregon. Bottom line is that anyone can can access this 40 acres with the exceptions of taking minerials or interferring with any mining operation...period. I do have occassion to bump into people looking for a nice place to camp and I always direct them to a spot downstream that is not only open for camping but for prospecting also. (if the dog seems to like them then they usually get an invite to stay here for a day or two and get directed to a couple of spots they can snipe or pan for gold) I might be an exception but I enjoy sitting around a fire at night getting to know new people, on the other hand we have a Kobota backhoe that can dig a 6 foot hole pretty quickly.....
Excellent idea about contacting the claim owner (info at the county courthouse usually) and relate your intentions. With verbal contact you should be able to kinda gather the attitude and avoid the odd balls and figure out the good guys. It's no fun to be out in the woods and have to look over your shoulder.
I don't believe a "patented" claim has been authorized here abouts since the late 1960's.

 

[ConceptualizedNetherlandr]

umm i would move on. Here in ca. a man was shot in mariposa for about the same thing.

How long was he in prison for?