Claim owner didn't file with county.

[Rail Dawg]

Interesting set of circumstances.

A relative newcomer to the area came in and located a dozen claims about a year ago.

However when they located they sent the COL's and maps to the BLM but sent nothing to the county.

Turns out we would like to prospect on those 12 claims based on some information obtained through some old geologic reports.

I'm pretty sure of the answer but wanted to run this past the resident experts here.

Disregarding the moral question and strictly talking the Mining Law of 1872 if a locator fails to file a COL and map with the local county land office within 90 days of location the claim is defective is it not?

I assume the only way to fix the situation is to go back out and attach a new NOL (Notice of Location) to the monument.

What do you guys think?

 

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[SaltwaterServr]

You have to file with the county for a claim to be valid.

I'll let Clay and folks sing in on this, they're more in tune with everything. I just like to dig holes in the desert and blow **** up.

 

[Mad Machinist]

You have to file with the county for a claim to be valid.

I'll let Clay and folks sing in on this, they're more in tune with everything. I just like to dig holes in the desert and blow **** up.

If I remember right, it needs to be filed with the county to be valid. And who doesn't like blowing s**t up.

 

[mikep691]

We all know that BLM just loves our money, but even the claim NOL and maps going to them must have the county recordation on them when they send them to the BLM. If the claimant of these claims didn't record them in the county first, they are invalid. Maybe you can bring this to the BLM's attention, they might look into it faster than if nothing is said and figure it out on their own time schedule. BLM will likely void the claims. Since a claim that's not recorded isn't a valid claim, I'd make a discovery and file it proper in the county, then with BLM.

 

[Slowtaknow]

that is after you file your claim.

 

[Bejay]

The location is only valid if filed with the Land Office (County). The County recorder holds the "public record" of location. The BLM is merely a keeper of a "file" to deal with the assessment work and or payments such as maintenance etc. The location must be filed in a timely manner (allowing for mailing times etc). To check with the BLM for a file notification/payments must allow time for mailings.


In most instances the location record allows 90 days for it to happen. The BLM would then be notified and payments made.....I allow about a week for such things to occur. If no record; then no claim!


Bejay

 

[winners58]

some people will file with BLM first then use the mail to file with the county, it would be up to the locator to verify they where received.
I see some BLM registry filings missing county info, my guess this must be why they do not have the county # or record page listed?
use the county search function not just TRS, try name or look for intent to hold, affidavit of assessment, scroll through a date range of filings.
no public record, no claim

 

[Rail Dawg]

Well I was a dummy but lesson learned.

The current owner got the claim via a quitclaim meaning their name won't show up on a COL on the county records .

You'd think by now I would have figured that out but it's just another lesson in learning the puzzle of claim research.

Good input though from you guys. It's appreciated.

Chuck

 

[hawkeye39]

Well I was a dummy but lesson learned.

The current owner got the claim via a quitclaim meaning their name won't show up on a COL on the county records .

You'd think by now I would have figured that out but it's just another lesson in learning the puzzle of claim research.

Good input though from you guys. It's appreciated.

Chuck

Just curious. How did you determine this? I assume their name will eventually show up on some County or BLM record.

 

[Rail Dawg]

Just curious. How did you determine this? I assume their name will eventually show up on some County or BLM record.

Good question!

I went to the county office and searched the Section, Township and Range then ask for all COL’s for that area.

The COL’s that turned up for my original post were for the previous owners.

They must have quitclaimed the claims over to the current owner.

Quitclaims sometimes aren’t viewable on the online database.

 

[RobertF]

At least with my local county, you can only search by a person's name, or the claim name. When I want to check claim status, I have to run both to confirm it hasn't been sold/transferred as I've come across the same as you did.