sue state for violating fed mining rights

[Gravel Hog]

I'm on your side, jog. 8)

Where does it specifically say in the Federal Mining Laws that we have the right to the mine the gold at the bottom of the river?

The state hasn't banned mining altogether (sure they would like to) which would go against Federal Law, they just regulated which methods we are allowed. That is sort of how it was explained to me.

 

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[patches63]

am mobile,but 72 basically specifies unfettered,unrestricted access to the deposit upon an properely located/claimed deposit.lode,placer,whatever.think we should link/give address info when posting.so.google, mining law of 1872.luck.

 

[2cmorau]

I'm on your side, jog. 8)

Where does it specifically say in the Federal Mining Laws that we have the right to the mine the gold at the bottom of the river?

The state hasn't banned mining altogether (sure they would like to) which would go against Federal Law, they just regulated which methods we are allowed. That is sort of how it was explained to me.

http://library.findlaw.com/1999/Jan/1/241491.html

The holder of a valid unpatented mining claim has possessory title to the land covered thereby, which gives the claimant exclusive possession of the surface for mining purposes and the right to mine and remove minerals from the claim

 

[patches63]

How do you get the gold off the bottom of the river?

try one of deeese

 

[Gravel Hog]

Yep, that will work!!!!! Looks like 2008 with the smoke in the air.


Jog & 2cmorau, all good intentions I know but....

The whole State SB670 preempt Federal Mining Law thing was already tried in Federal Court and the judge dismissed it and said it needed to go through the state court.
I don't think it ever did for good reason.??

I am no lawyer but I remember the whole thing very well, and I think it even harmed our chances of ever winning it and all hope was shot to heck.

You can read the case on this old forum (archive) post (lot of lawyer talk): http://golddredger.com/dcforum/DCForumID4/2045.html
I had to dig deep to find it as most information on this case was deleted from many forums and websites. I can't find the judge's reason for dismissal but it wasn't looking very good.

State can regulate the mining as strict as they want as there is a difference between regulating and not allowing mining, in general, all together. You can still pan in the river right a little sluice box maybe?? Sucks I know!!! and it is very sad.

I say we storm in and grab the the Constitution and toss out all the other BS regulations and laws, just start all it over again.

Hoser, care to comment?? or did I get it close enough?

 

[2cmorau]

http://en.wikipedia.org/wiki/List_of_United_States_Representatives_from_California

how about we concentrate on a couple of reps, get IMCJ, PLP on board to send out a notice to subscribers. overwhelm the office with our concerns, point out how the environMENTALIST conduct business
If wingnut Wiggens can introduce SB670, maybe we can get a rep to expedite or counter the bill

maybe i am way off base but i am just throwing out thoughts


http://portland.indymedia.org/en/2002/08/16438.shtml
August 15, 2002

The following message was received by the Earth Liberation Front Press Office - it should be noted that this action was not claimed by any group - but the message stands for itself:
<begin>
Hundreds of metallic and non-metallic spikes have been placed in units 28 and 29 of the Kirk Timber Sale in the Gifford Pinchot National Forest. The spikes were placed at all levels of the trees. Most trees have both metallic and non-metallic spikes.

This action seeks to keep these old growth trees from ever being cut. It
is not intended to put any timberworkers at risk. This message is being sent
out before any trees are felled.
<end>

 

[Hoser John]

Radical enviro nazis who spike trees should be SHOT-i KNOW i KNOW AFTER az WE'RE SUPPOSED TO BE MELLOW BUT KILLING,INJURING,MAIMING anyone FOR PERSONAL GAIN IS never THE WAY TO GO. aND YES WE CAN STILL MINE AND THATS THE CATCH-oops sorry. Courts, for over a 100 years, have fought the ban on hydroblastinging was iniated and look where them millions and millions of appeals has got them folks---so how do you get the gold off the bottom of the trinity at Patches place--carefully and black ops reign supreme. I do not pontificate morality just mining-RECLAIMANATE--John

 

[patches63]

good eye gravel hog.08 it was.river was kept at flood stage all july.forest circus backburns always out of control,ashes falling everywhere.couple lbs of high test trinity river dust helped with the 5.50/gal. fuel cost though.big river looks a bit dicey this year john.for dredging,that is.buddy a mine has a nice drift boat,mount my compressor on it,hit n run snipe boat?could check out some bedrock that way,get some use from our dive gear.if we are not 2 fat to get in our wetsuits.have tried suing this state several times,state is fairly resistant to this approach,they must assent to being sued in the first place.plp filed suit in wrong venue.should have began at state level.onward,upward.

 

[jog]

This is what I like to see... Good discussion on what can be done because I will bet that it won't stop with your dredge. Poor the coal to em and don't ever quit.

 

[2cmorau]

if i can't dredge, i will dive
weld a frame, some wheels, 1/2 mile walk

 

[patches63]

now your cookin,but why pontoons?bank mounted air works well,more sucky/sucky from pump to venturi.float the volume tank at diggings,multi plug ins there.easier for tender as well,why pack fuel midstream etc.removable bank fuelable tanks right thing now,surely required soon.air for sniping is a good thing.luck

 

[Gravel Hog]

Did a little of that last summer, and it was good, let me tell ya.

Keep it lightweight, much easier to pack. As patches said, bank mount, with 50' of airline will work good too.
I used a smaller 2HP motor with a T-80 and total weight was around 35 pounds on the old back.

 

[ScottC]

Frustrated Miner

Its been over a year since the ban was inacted, and I'm still frustrated by this fraud SB670. If there was more I could do I would, but I don't have 10 million dollars for the best lawyers in the country to fight this ban properly.

I've donated, sent letters to my congressman and the Governer and CDFG, no reply from any.

I am considering losing everything, a good job, house, and just dredge, expecting to get caught, just for the principle that I know this law is a fraud. And except the consiquesnses of the corrupt punishment.

Scott

 

[jog]

scott c
Being from Oregon I can't say that I know how you feel because we are still allowed to dredge here. It sounds like you have been doing what we all need to do, and we need to keep doing. I just sent a letter off to the new Gov, here in Or,. One thing I have been doing is righting letters to a few very wealthy people in this country that may have some connections in the mining industry. If we could get some serious backing then maybe we can keep them from taking away our rights here to. It may not hurt to right a few more letters if you know or have any ideas.
If they ban dredging here, I will continue and let the games Begin. Maybe we can share a room at the poky.

 

[2cmorau]

Gravel Hog, Patches, thanks for the ideas
I have bedrock on boths sides of the river one side sloops and the other is a cliff, unless i anchor the air to bedrock the nearest spot is about 120' from the deep hole. BR jetting out is about 20"high

so any ideas on what DFG, forest service will do if i operate my gas winch this summer, no rules i can see that would stop me from using it, though i do need to file a POO and NOI and the witch of the west Masquelier if she reads it, may send it back

 

[Hoser John]

No NOI/POI required as your just a mutzing and a putzing and NOT up to SMARA levels with a 3,5000 cubic yard op John

 

[Gravel Hog]

2cmorau - As far as the winch regulations that is all tied in with the CDFG suction dredge regulation but should NOT be effected by the ban on INSTREAM SUCTION DREDGING
as they can't issue permits for it until completion of the new EIR. They didn't place a ban on the regulations themselves so go have fun and don't worry about any NOI or PoO, not needed.
You'll be just fine with all that.

 

[russau]

Gravel Hog, Patches, thanks for the ideas
I have bedrock on boths sides of the river one side sloops and the other is a cliff, unless i anchor the air to bedrock the nearest spot is about 120' from the deep hole. BR jetting out is about 20"high

so any ideas on what DFG, forest service will do if i operate my gas winch this summer, no rules i can see that would stop me from using it, though i do need to file a POO and NOI and the witch of the west Masquelier if she reads it, may send it back

your picture looks just like my ole friends (the late ,Wally Koz from AZ)claim in California.He and Milt (Milty) Tucker had/has this one.

 

[2cmorau]

hey Russau,
don't know the tuckers
i have had this claim since 99 or 2000, must be another part of the river

 

[patches63]

bottom line,if the suit went your way,for a award of lost income,you would show gold sale receipts plus tax returns.must show income receivables in other words.put your hand up/can do that