Lode Claim-Placer Claim????

[rluckadoo]

On an old abandoned mining property, (not a patented claim) with tailings, dumps, etc. would a placer claim over top of it give the right to the claimant to work the surface dumps and tailings. As I understand it, a lode claim is a “vein claim” in-situ, and still in the rock. Am I correct to assume then that a lode claim would not cover the ore dumps, tailings, etc.? Once the ore comes out of the ground, does it then take a placer claim to work it? Or would a placer claim even cover that? Any thoughts, or experience in this area Thank you in advance......

 

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[Goldwasher]

a claim will cover ownership of the minerals period.. So, no one would be able to make a new claim period. Regardless of the type of claim.

Unless it's a placer and you make the mistake of allowing someone to prospect and they do find a lode. And claim it then they could keep you from the placer.

Waste rock , tailinigs anything off of the vein whether naturally or by the hand of man would be considered placer. If you file a lode you can absolutely still dig the placer.

Tailinigs that have been moved from the original mine site to a mill site and left are actually considered abandoned. and not claimable. As they are not a "deposit"

 

[StreamlineGold]

I hear this a lot and in fact a lot of people think they can overclaim someone else’s lode with a placer claim or vice versa. The simple fact, the claimant would have to have express permission from the claimholder to do so. To discover such a deposit on someone else’s claim you would have to be trespassing in their mineral rights. In short, dont try, be courteous and find your own ground, enjoy!

 

[rluckadoo]

Rather than trespassing on someone else’s claim, I was more referring to whether a claimant should file both a lode claim to cover the vein and a placer claim to cover the tailings, possible ore dump, etc. if an old mine was discovered which was worthy of a claim. Just curious.... Thank you both for your input.

 

[Bejay]

A common practice is "locating lode claims over placers". This can actually be done without prospecting on the placer...(using structural mapping of veins known to carry ore deposits).....as well as producing lodes that have been abandoned. Additionally one can legally enter a placer claim and look for lode outcroppings. You can locate a lode over a placer but you can not locate a placer over a lode claim. Often there will be two different claimants holding mineral claims (one a lode and another a placer).on the same piece of ground....the placer having been located 1st. If and when the placer becomes abandoned no one else can re-locate the placer upon that which is a located lode.

I know of many lode claims that are not located properly (dimensionally)...but rather have a located boundary the same as a placer. Go figure that one out.

I personally dealt with these issues when I located a placer that had been abandoned and a lode claim existed on the original placer location. I had to modify the placer boundaries to exclude the boundary of the lode...which was located dimensionally as if it were a placer. You can probably still witness the situation on Clays Rich Hill Footprint mapping. I believe the claim still exists ( I let it go years ago) …."Golden Cardinal"...…..south side Octive Ridge Vein Az.

The only way to challenge the lode over a placer is via the courts....but BLM consistently allows lodes to be located over placer ground.

One must remember that a placer is most likely a gold bearing piece of ground and the claimant owns those mineral rights. Those rights can exclude other minerals. I think I have this right....as experience has led to these statements.

Bejay

 

[StreamlineGold]

BLM just takes your money and doesnt actually check. Still not valid, if you file over someone elses claim you are just throwing your money away and putting yourself in a losing position not to mention pissing people off.

 

[mendoAu]

There is a cluster f... going on here in SW Oregon concerning a small road, a massive locked gate, four claims, access thru private property, a gun pulling claim owner and a few locals just shaking their heads. It is a nugget bearing creek thus gold fever prevails over gold sense....