New Claim Help\Advice

[HMiller]

I have had my eye on a claim for a few years now. At the beginning of this month it was abandoned/forfeited. So on June 3rd I filed with the county my notice of location. I did a search while there and there were no recent records filed. On June 10th I sent my paperwork to the BLM along with the required 40 acre payment (association with my wife). They received the paperwork yesterday. This morning I did a search on LR2000 and find that the claim is active again under the old claimants name. He filed with the county on June 8th and BLM received his payment on the June 10th.

On June 4th I went to the claim and hung my recorded paperwork on the discovery marker. What to do now? How can I retain the claim as I recorded it first?

 

[Underburden]

A letter to the junior claimant explaining the situation, using recording dates at the county to verify YOU as the senior locator is about all you can do without hiring an attorney. Word the letter properly and professionally requesting that they do no further paperwork (small miner waiver, evidence of assessment) on YOUR claim. If they honor your request, you'll find them dropped from LR2000 next spring.
Your dates to BLM mean nothing, it's the County Recording that puts the world on notice of your location date.

Been there - Done that a few years back.

Bob

 

[HMiller]

Ok my wife called the BLM. They said the claim IS mine however in order for the old claimant to "disappear" from BLM records I will need to take it to court. She said the other person will lose as I filed with the county first. But the BLM can't remove that record without a court order. Off to court we go.

 

[rodoconnor]

You should prevail. Good luck to you.

 

[bobw53]

If I remember correctly, it has nothing to do with the date the paperwork was FILED.. It has to do with the LOCATION date.

In some states you get 60 days from location date to file your paperwork, others 90.. I haven't looked at the LR2000 in a while,
but it should have the location date.

As for fighting over it... I don't envy your position and nobody at either the county, state or federal level gives a darn about who's claim it
is as long as they get to cash a check.

 

[fowledup]

I'm curious as to what the situation was. Was it oversight on the original claimants part? How active were they mining the claim? How long had they had the claim? Did you give the original claimant any type of a courtesy call to see if he was done with it? Could some sort of mutual understanding be reached? I'm all for proper procedure and all but I like to consider the human factor. I don't like bad karma nor do I like looking over my shoulder or worrying someone will mess with my chit because of bad feelings.

 

[Underburden]

If you want to go to court, first pay a lawyer to write up a legal, intimidating letter sent certified-return receipt.
Usually, that's all it will take.
Provided they don't send BLM any more paperwork, BLM will drop them like a hot potato for 'failure to file'.

 

[Tuolumne]

claim jumper! have fun in your next rebirth.......why is it miners are mining other miners? Drooling over lr2000 reports......... bad karma

my neighbor got his paper work messed up.....then a local mother load gold group found out it was "available" told a southern california gold group, they filed paper work and now have 40 acres next to me, they put up no corner markers or anything.....still the old owner swears its still his and there will be a confrontation for sure.........

why didnt the gold clubs help him refile his paper work? they knew he was having trouble...but he was not part of said "paid member" of gold group so they pounced on him and his inexperience....he was left the claim in a will..........but now hes been jumped by gold advocacy group.....great....

 

[HMiller]

This guy has had this claim since 2013. In 2013 the BLM closed it and I had heard from my family that there is gold there. I attempted to get it back then but didn't really know what I was doing and this guy snatched it up. So through the past few years I kept an eye on the status. When the reports disappeared from the my land matters map I search the lr2000 and sure enough it had closed. I went up there the next day found gold and posted my paperwork on my discovery post and then that afternoon recorded it with the county recorder. I don't feel it was my duty to contact the old claimant, open land is open land. Besides if it really meant something to him he would have filed his papers on time. He lives on the other side of the state and I doubt he did his homework and went to the recorders office and did a search for new locations. If he did we wouldn't be talking about this. The county doesn't have a search on their website and they don't give out information over the phone. Also the BLM issued him a new serial number treating it as a new claim.

Thanks Underburden for your ideas. We have a family friend who is an attorney, will give him a call.

 

[winners58]

He may have seen your location notice, check the location date on his BLM filing, if its the 8th and yours is the 4th there's no discrepancy its yours
if his location date is back dated but the filing is later at the county then you would have to have a judge decide.

 

[HMiller]

Yes the date on his blm paperwork states date on location is June 8. Mine is June 3.

 

[QNCrazy]

claim jumper! have fun in your next rebirth.......why is it miners are mining other miners? Drooling over lr2000 reports......... bad karma

my neighbor got his paper work messed up.....then a local mother load gold group found out it was "available" told a southern california gold group, they filed paper work and now have 40 acres next to me, they put up no corner markers or anything.....still the old owner swears its still his and there will be a confrontation for sure.........

why didnt the gold clubs help him refile his paper work? they knew he was having trouble...but he was not part of said "paid member" of gold group so they pounced on him and his inexperience....he was left the claim in a will..........but now hes been jumped by gold advocacy group.....great....

Really SMH. Here we go again.

 

[QNCrazy]

HM, it sounds to me like you did everything proper. I wouldn't worry about the other guy. Good Luck. By the way, good due dilligence on your part. Most people here support your efforts but there are the few.

Mike

 

[winners58]

contact the other guy nicely ask him to send in a relinquishment ($10) let him know if it goes to court the loser pays all the court fees and $100 restitution.
if it goes to court and you win you get the judges order to send to BLM and by law max award is $100.

 

[HMiller]

Thanks guys. Will follow up when I know more.

 

[winners58]

BTW it takes BLM some time to put on the closed status in LR2000
it was actually closed ether by the Sept 1st or Dec. 30th filing deadlines, No claim jumping involved.

 

[fowledup]

Wasn't implying your a bad guy or did anything wrong. I'm just a guy who likes seeing folks give others the benefit of the doubt. Oh well she's all yours now, go getz ya some. I'm sure all the hard work will pay off. I'd be extra mindful about those due dates and keeping the claim cleaned up nice and proper.

 

[HMiller]

Wasn't implying your a bad guy or did anything wrong. I'm just a guy who likes seeing folks give others the benefit of the doubt. Oh well she's all yours now, go getz ya some. I'm sure all the hard work will pay off. I'd be extra mindful about those due dates and keeping the claim cleaned up nice and proper.

Oh we do. I've been mining with my father-in-law for 6 years now. He has 7 lode claims in Liberty, my wife makes sure they are filed on time with room to spare every year. He's 87 so just shouts the orders.

 

[OwenT]

BTW it takes BLM some time to put on the closed status in LR2000
it was actually closed ether by the Sept 1st or Dec. 30th filing deadlines, No claim jumping involved.

Dang it, I guess it pays to always go to the county first about the area in question. I could've been prospecting on that "claim" both times I was up there last month.

 

[MadMarshall]

Reading your posts I get the impression that you had your paperwork all filled out and ready prior to your so called discovery prior to you setting foot on the claim. Unfortunaltly the truth really makes no difference.. The date at the county recorders office is all that matters.
I have seen it over and over again.. Paperstakers all to common practice these days. Maybe you are legit and I am reading to much into the lines but with 6years mining exp in the family it seems to me you have all the exp necessary to approach and handle the situation.. But somehow that doesn't seem to be the case. What information here were you seeking to help you out? Or is it justification.
There are people here who knows how much work goes into locating and finding a gold claim.. and I have yet to meet a man who managed to find valuable deposit/let alone sample and area to get an idea of possible values in just a few hours of searching 40 acrs.. Please share your secret....

or is the secret having the paperwork ready to go prior to discovery?

The wonderful corrupt world of mining claims.
Just my two cents...