If you're in one of the states west of the Mississippi (which I'm guessing you probably are) then I will start off by telling you that anyone who
truly cares about their mining claim(s) and the minerals that they own will
usually have it posted with signage
similar to these (of course some people make their own signs, too). Sometimes mining claims aren't posted or they're posted on the wrong land, or the signs are stolen or succumb to the forces of nature (which is out of the claim owner's control but they
should check their signs periodically - however, some don't). Usually a notice of location form (
similar to this) will be posted somewhere on the claim. In most states, claims are supposed to be marked with corner markers (typically 4" by 4" wood posts, or a pile of stones 3' high I believe, etc.) Some people make nice display boxes using plexiglass and wood to house their claim-related papers/signs and make it well-known that the land is claimed (I wish all claim owners did this). I've also noticed that most claim owners try to put their mining claim signage and notice of location in spots that can be easily seen from what might be considered the main road to/near the claim, or by a source of water through the claim (like a creek), or a spot that is being actively worked. Another way to make sure you're on
unclaimed public land is to use online resources to check out the area before you go there.
MyLandMatters.org was developed by fellow TNet member,
Clay Diggins; and is an excellent source of information for all sorts of land-related issues, especially maps (including
mining claim maps). If you're somewhat good with maps and know the meridian/township/range in which a section containing public land is located, you can run reports with the
LR2000, but this is essentially the same exact information that is displayed on My Land Matters except on the BLM's site it isn't quite as user-friendly. You can also get even more-detailed information from your county recorder or register of deeds if you're curious about where more-precisely the claims are located within a section/quarter section.
Before I go out prospecting I always do a little historical research on a particular area I'm interested in prospecting so I know I'm going to a place that is (or should be) gold-bearing. Then I check to see if there is public land there, and if there is I check to see if there are any active mining claims in that area. If it all checks good, I go to that area and do a visual walk-around and if that looks good then I know I can start prospecting. Sometimes you'll have people that will try to run you off a certain piece of land because they say it's their mining claim or they're watching it for someone, etc. If you're out prospecting and this happens I guess I'd give them the benefit of the doubt, cease my prospecting, but politely ask where their mining claim sign(s), notice of location, and corner markers are located. If they'll give you their name try to remember it or write it down and check later on if there are indeed any claim owners in that general area by that name if you think they're bluffing you. If they're hostile or you suspect they're not telling you the truth, write down their license plate number if you see their vehicle around. Remember,
it is not illegal for you to be on any BLM of Forest Service land whether you're walking, hiking, fishing, having a picnic, etc. It is only illegal (and considered mineral trespass) if you are extracting minerals in any way from that public land
if it is claimed by someone else and you do not have their consent to work it (
or if it's shut down to prospecting due to environmental BS - then technically that would be illegal too - but I'm not going to get into politics and the Constitution...) Use common sense I guess, be polite if someone approaches you, and always conduct your prospecting in a respectful, diligent way by being a good steward to the public lands; most often you won't have too many problems.
I will also add that I am not an expert in any sense of the word on anything having to do with mining claims. You will find that there are some other folks around this forum who are truly good consultants if you want to know anything relating to the subject. The small amount of stuff I posted here is just a tidbit of things that I have either noticed or experienced on my own while out in the field, or have read about, or have learned from others who are far more proficient in their knowledge of our public lands and the resources to go about their utilization for mining.
