Help with filing a mining claim

[fenland.tinder_0z@icloud.]

Would any of the experienced prospectors be willing to help a newbie file a mining claim? I found a spot that’s clear according to the BLM MLRS system and MineCache, but want to make sure that I understand the details and complete the paperwork correctly.
Many thanks!

 

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[Clay Diggins]

Mining claims are first located and staked on the ground, then recorded with the County Recorder and only then filed with the BLM.

Neither the BLM or MineCache can tell you if an area is open to new mining claims.

I suggest you look over the requirements for a mining claim, then check to see if the minerals are open to location by checking the master title plat (MTP). If you haven't checked the MTP you couldn't possibly even know if you can prospect there much less locate a mining claim.

Start here:

Land Matters Library Item

That's for Nevada but the basics of locating a mining claim are the same for each state.

 

[Mackaydon]

I'd hire a lawyer well known in the mining business in the state of your claim to handle filing a claim. With a lawyer, you have at least recourse to him if he screws up; with doing it yourself or relying on even the best expert on TNet to assist you, you have no recourse but to yourself if there is a problem.
Don in SoCal

 

[Clay Diggins]

I'd hire a lawyer well known in the mining business in the state of your claim to handle filing a claim. With a lawyer, you have at least recourse to him if he screws up; with doing it yourself or relying on even the best expert on TNet to assist you, you have no recourse but to yourself if there is a problem.
Don in SoCal

I no longer assist members of the public in locating mining claims but I'll make a small exception here to help educate everyone about the nature of a mining claim and why hiring a lawyer would be about as useful as hiring a licensed boat captain to locate a mining claim.

Mining claims by law are based on and established by the discovery of a valuable mineral deposit on public lands open to location. Once a mining claim has been located the owner holds it exclusively by the law of possession.

Think that over for a minute and then try to figure out how a lawyer could help you do that. Maybe if they brought a shovel?

This is amusing to me because I deal with many thousands of mining claims every year and despite doing this work for some of the largest mining companies in the world I have never seen any miner or mining company that employed a lawyer to locate minerals. Ever. There are good reasons for that including several very important court decisions.

If you really have an interest in the subject I suggest you start by reading the material at the link I posted. If you have a real interest in the law involved I refer you to Terry Maley's authoritative Mineral Law. It's the "bible" of well... mineral law often cited in both State and Federal court decisions, including several important decisions by the Supreme court.

 

[fenland.tinder_0z@icloud.]

Thank you all for the advice and guidance. @Clay - Thank you for the link. I’ll start there and see where it goes

 

[cyzak]

I'd hire a lawyer well known in the mining business in the state of your claim to handle filing a claim. With a lawyer, you have at least recourse to him if he screws up; with doing it yourself or relying on even the best expert on TNet to assist you, you have no recourse but to yourself if there is a problem.
Don in SoCal

Listen to Mack some real good advice here knows what he is talking about.At the very minimum at least get a counseling interview with a lawyer.

 

[delnorter]

Listen to Mack some real good advice here knows what he is talking about.At the very minimum at least get a counseling interview with a lawyer.

I like the quote at the bottom of your posts cyzak.

Mike