Staking an Abandoned Claim

[AKSasquatch]

I was wondering what folks experience has been staking a claim that was abandoned due to someone not paying their fees when property and equipment is left on the claim? Anyone have issues dealing with prior claim owners? Also how do you avoid liability for having to remove previous owners abandoned things, just photograph and document eveything when you gained ownership? One claim I scouted last year had a lot of big items, like an old rusted wash plant, old engines, sluices etc, way back off the road system, don't want to get stuck having to pay to haul old gear out from a remote area.

Thanks for any info, newbie to staking claims.

 

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[Grizz12]

I thought you got the stuff along with the claim because everything has been abandoned, right?? If you dont want it I'm sure it will sell, especially in Alaska

 

[Clay Diggins]

Man made objects that have been left on federal lands become the property of the federal government. Taking them or selling them would be theft of government property. A mining claim is only a claim on the valuable minerals. Claimants do not own abandoned machinery or structures on the claim.

To avoid problems with the surface management agency you will need to document what was left on the area you wish to claim. Take pictures of anything man made on the area you want to claim. Note the location with GPS or on a map. Take a witness and have them make a notarized statement. Then you will be off the hook for any cleanup expenses.

If property or equipment is in the way of your mining you have the right to move it out of your way.

 

[AKSasquatch]

That was my understanding as well it transfers to the Federal Govt on Federal lands, but in Alaska the previous owner I think has longer to retreive their equipment maybe a year, since depending on the area the claim may be inaccessible in the winter. State claims may vary by state and I need to look into that.

Thanks for the info Clay, especially the witness and notarizing info, that is a great idea.

 

[AKSasquatch]

I thought you got the stuff along with the claim because everything has been abandoned, right?? If you dont want it I'm sure it will sell, especially in Alaska

Willl be interesting to find out what Alaska State says.

 

[russau]

All what Clay say's is true ! BUT the land is Federally Managed Public Land and not Federal property ! Most people keep saying (Federal property ) BUT it is our land (Public Land ) managed by Federal Department's . Even these Department's keep saying/ thinking that it is their property and then the citations come out and here we go again into courts !! These Department's even have a manual saying what you must do to follow their rules BUT then again they are wrong !!! It's up to Congress to write the laws / rules !

 

[AKSasquatch]

I agree, gold claims are not in the same category as Government Buildings/Property.

 

[Reed Lukens]

I have taken over a number of abandoned claims over the years and have been asked by the Forest Circus to remove the garbage left along with falling down sheds, broken lawn mowers, mining equipment, a couple of broken down motorhomes, etc. Just check with BLM or whoever is in charge, have them come out and talk. If you want to salvage the stuff and it's way out in the bush then more then likely they will tell you to do what you want with it.
Intact historical buildings and machinery can be a diferent story...

 

[Assembler]

One "State of Oregon" case law points out the following:
Where the appearance of a mining claim indicates an abandonment for many years, and no monuments mark the boundaries, another location thereon is authorized.

"The State of Oregon" code says:
Abandoned claims shall be deemed unappropriated mineral lands, and titles thereto shall be obtained.........

If you like I can point out comparative California Legislation.

No wording covering the topic of "Equipment".

 

[Assembler]

"The State of Oregon" case law also covers the following:

There is also a time frame for abandonment of "Mining ditch".

Prior locators failing to object for many months, after knowledge thereof, to an alleged trespass by an adjoining subsequent locator are estopped to maintain such claim.

 

[Assembler]

The right of water ditch goes back to the Act of Congress of July 26, 1866.

 

[Assembler]

That was my understanding as well it transfers to the Federal Govt on Federal lands, but in Alaska the previous owner I think has longer to retreive their equipment maybe a year, since depending on the area the claim may be inaccessible in the winter. State claims may vary by state and I need to look into that.

Thanks for the info Clay, especially the witness and notarizing info, that is a great idea.

Some form of "Notice" is likely involved in the process and no two "States" are exactly the same.

Keep us posted thanks.

 

[AKSasquatch]

That was my understanding as well it transfers to the Federal Govt on Federal lands, but in Alaska the previous owner I think has longer to retreive their equipment maybe a year, since dependingp on the area the claim may be inaccessible in the winter. State claims may vary by state and I need to look into that.

Thanks for the info Clay, especially the witness and notarizing info, that is a great idea.

One "State of Oregon" case law points out the following:
Where the appearance of a mining claim indicates an abandonment for many years, and no monuments mark the boundaries, another location thereon is authorized.

"The State of Oregon" code says:
Abandoned claims shall be deemed unappropriated mineral lands, and titles thereto shall be obtained.........

If you like I can point out comparative California Legislation.

No wording covering the topic of "Equipment"

 

[AKSasquatch]

Talked to Alaska DNR and recorded the claim, 50 day wait to ensure no conflicting claims. Their recommendation on abandoned structures and equipment was same as Clay’s, document and set aside. Use of permanent structures requires a Mining Plan. Since you don’t own the land, prior owner has the right to reclaim any property left on claim.

 

[Assembler]

That was my understanding as well it transfers to the Federal Govt on Federal lands, but in Alaska the previous owner I think has longer to retreive their equipment maybe a year, since dependingp on the area the claim may be inaccessible in the winter. State claims may vary by state and I need to look into that.

Thanks for the info Clay, especially the witness and notarizing info, that is a great idea.

Question does the County that the "Claim" is filed in make some kind of "Notice" to the previous owner?

 

[AKSasquatch]

Alaska apparently sends a notice in March if a claim was abandoned, but the claim status is also available online at anytime so owners can check that their rent and labor was properly recorded.