Legal or not?

[LRC253]

I've read forum after forum however never get a simple yes or no answer.

On a lode claim can I hike in and pan/sluice legally?

My understanding is lode claims only have rights to what's under the surface but does it also prevent placer prospecting on the lode claimed land?

 

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[miner don]

Hello,
I see you are in Tacoma. I live just a few miles away in Lakewood!

I know you want a simple yes or no answer, but it's much more complex. If you tried doing this 100 years ago legal or not you would probably end up being shot by the lode claimholder. Have you tried calling your local bureau of land management? In general i've found them the most knowledgable and helpful when it comes to questions related to mining claims. When you call the main number you can ask for the mining claims department.

The BLM will be closed during the government shutdown though.

At my claim, for example, two of the adit are literally right on a creek that crosses my claim. Much of the unprocessed ore coming out of the mine ends up on the bank or even in the creek. Now you might say "hey, those are placer rocks not lode rocks" since they are in or near the creek. Of course they came out of the lode. Who has rights to those rocks? Also, I have a strong vein of mineralization which directly bisecs the creek AT GROUND LEVEL. I'm mining that vein. Since you can clearly see it in the creek does that mean you can start carving it out since it's in the creek? There are no clear-cut answers here. I can see lots of scenarios where conflict would arise especially when you are on someone's established claim.

Even if it *is* technically legal it still might not be a good idea. Here in Washington State there is no prohibition against open carry of firearms. In addition we also have concealed pistol licenses. I've had a CPL for 18 years and carry concealed everday. I would *never* open carry. It's legal to open carry but if you do you will most certainly be harrassed by the police. It might be legal, but that doesn't make it a good idea. I'd rather skip the police confrontations and get on with my day, but if you really want to stir up a hornets nest you could.

good luck!
miner don

 

[LRC253]

Thanks a lot miner Don for your time. That makes much more sense and good advice about giving blm a call.

I'm obviously new to the hobby and still looking to dig up something worthwhile. I've been wanting to check out the blewett area and have started a google earth map and have marked all the claims in the area according to the blm lr2000 report and it doesn't leave much to work with. I'll try to figure something else out. I have family in republic, wa that have river front property but as you know from here that's a hell of a drive.

Thanks again!

Luke

 

[gold tramp]

I know nothing about your area but this is how it is down here and the answer would be
YES, unless some one holds placer paper on it or if they have an operation that is a hazard, that can keep you out.

I let folks detect on my claim at the notch as long as they didn't mess up my tail piles or dig in my trench, I never minded and im sure some of the locals around got a piece or two from the notch while I was up there?
I was interested in the hard rock there. I ended up leaving the spot and gave it to some guys that I ran into a day or so later they never even thanked me for turning them on to the spot, and I heard they found multiple ounces.

I would still let folks come on my hardrock claim to placer if I had one, as my intrest are the lode, ive already done my placer work when I made my discovery so whats left over I wouldnt worry about, just my point of view.

as for the blm don't involve those guys or you will regret it!!! if there are no markers in the zone you would like to work, work it if there are, go ask permission. but they cant keep you from placering on an HR claim.

As far as I know what I said is true, I don't get out much so things change.
some one will correct me if im wrong...................
,

 

[goldenIrishman]

Luke...

A word to the wise. The LR2000 maps on line are ALWAYS out of date! Some areas by as much as 3-5 years. You're best bet if you really HAVE to contact the BLM for such info is to go to their office and look at the current maps or purchase a copy if possible.

 

[LRC253]

Ok will do. That really sucks that I've been wasting my time with their system. You would think they would have a legit online system for how serious of a crime claim jumping is.

 

[Goldwasher]

you can file a placer claim that overlaps a lode claim with permission of the lode claimholder. Lode claims can only claim the vein( suspected ore-body) and Nowadays a placer claim must only claim the actual placer material in the claimed area...I.E. in a twenty acre partial you want a claim on,that has 8 acres of true placer deposit you are only supposed to claim those 8 acres, it hasn't always been so but, rules have changed...in reality you can claim the whole 20 but, there is a chance it could be invalidated.