overlaying Lode and Placer claims - can they?

[G-bone]

Hello all,

To pose a few hypothetical questions that got me wondering..

Can there be a Placer claim by one owner, lying over a Load claim by another owner?

And if so...

Say I were to purchase my own Load Claim.
Quite a few shafts and a few tunnels.
This Claim has a long history here, with tailing piles every where from years ago.

But being a "Load" Claim, at what point am I crossing the line of a Placer claim?
If I wanted to go sample other areas within my 20 acre claim, do I have to take drill samples only - from a certain depth? Am I allowed surface samples? Take from those old tailing piles?

Or vs versa for that matter... how deep can you dig on a placer claim until you are now considered treading into "Load" mining territory?
Is there a Depth limit in place for each?

And if the Answer is YES to that first question, what if you found rich Gold bearing ore that is in your mine and your loving life plugin away at it...BUT what you don't know is, that this vein your into is also exposed at the surface at another point a few hundred yards away but still on your load claim?

Placer guy comes along sampling new ares within his placer claim (which overlays your load claim) and finds said exposed ore a few hundred yards away.
You've been mining that vain for months now from another location.
Who's is it?

Just throwing out a what if?

 

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[Reed Lukens]

Basically placer gold is the placer claim owners and lode gold is lode. There is no how far down can you dig. If there is an established lode and an established placer on the same piece of land but owned by different people then this is really unusual. The lode will have 3000ft x 3000ft of available area to him and if it is proven then he has the right away but your asking a question that has too many variables for me to answer

 

[Clay Diggins]

Placer claims can not be located over a valid lode claim - ever.

Lode claims are a maximum of 600 X 1500 feet - 20.66 acres.

1872 Mining Act:
A mining-claim located after the passage of this act, whether located by one or more persons, may equal, but shall not exceed, one thousand and five hundred feet in length along the vein or lode; but no location of a mining-claim shall be made until the discovery of the vein or lode within the limits of the claim located. No claim shall extend more than three hundred feet on each side of the middle of the vein at the surface

It doesn't matter what type of claim it is no one else can prospect or locate a claim over an existing claim.

The minerals found within the claim belong to the owner of the claim no matter what depth they are found at.

1872 Mining Act:
That the locators of all mining locations... shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations

You don't have to guess or imagine, the mining laws are clear for all to read and understand. Read them here.

Educate yourself and prosper!

Heavy Pans

 

[dave wiseman]

Get the apex on the lode claim......https://supreme.justia.com/cases/federal/us/189/1/

 

[SLNugget]

Thank you Barry for your always clear and concise answers to these type of questions. Your participation here and the MyLandMatters.org website are much appreciated.

 

[gold tramp]

i have known of a couple places out here where folks found gold on lode claims and worked off the find without obtaining permission to work, i talked to one soul about this he just shrugged it off like its no big deal.
i have seen this placers over load alot out in my neck of the woods, i always wondered about validity and how they work it, i guess one has to use the court system to prove whos the legal claimant?
GT......................

 

[G-bone]

You don't have to guess or imagine, the mining laws are clear for all to read and understand. Read them here.

Educate yourself and prosper!

Indeed.. Lesson learned.
Thank you for that Mr. Diggins.