They think they have a claim

[ELKAHOLIC]

Last fall I was going to put another claim next to the one I currently have. The day I was going to go mark it off I found someone already beat me to it. I knew who the guys were as I have dealt with them before. They butted up right to my boundaries. Over the next couple weeks they changed their boundary post around multiple times. One end of their claim even crosses part of some patented ground that is now owned by the forest service but not open to mineral entry as I have checked.

Here we are 9 months since these guys put their post up and they have not filed any papers with the county or blm. I believe their still around, I think I seen their vehicle up there the other day.

What would you guys do? If I went and marked it off and filed papers it could turn into a Hatfield mcoys situation but I believe I have every legal right to claim it.

 

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[Peyton Manning]

can you pick em off with a 30-06 and bury them?

 

[SaltwaterServr]

can you pick em off with a 30-06 and bury them?

Why bury them? Buzzards gotta eat, same as worms.

 

[Peyton Manning]

what if Monk is nearby?

 

[KevinInColorado]

can you pick em off with a 30-06 and bury them?

Not really funny. Considering you are a Mod, I’m surprised by this post.

 

[chlsbrns]

I know that you are kidding but maybe they would think the same and not be kidding.

Think about talking to them. Tell them that if they don't file the paperwork soon that you will file. Or just tell them that you are going to file. Make proper legal discovery before you talk to them.

 

[gold tramp]

Probably not worthy of claimin ayways.

 

[bug]

They may be filing new papers on the ground every 90 days and not bothering to file county recorders or blm. If that's the case, and they are boots on the ground working it, they are kinda legit, imo.

 

[Rail Dawg]

By restaking every 90 days they are unfairly exploiting a loophole in the system.

Depends on how important the claim is to you and whether you are willing to engage in a claim war.

Since they aren’t doing it fairly and you decide to do battle put your monument on the claim a distance away.

Photograph (with date/time) the monument and Notice of Location on the monument.

File with the county and BLM.

Should they contest your claim show the judge your dated photograph and proof of your prompt filing.

What would their proof be?

I’d never recommend this with a claimant who had properly staked/filed a claim but since they are gaming the system hit them with both barrels.

There are legal channels you can use should they go Hatfield on you.

Again it depends on how valuable this claim is to you.

 

[Rail Dawg]

When someone "Likes" a post that contains inaccurate info they are not only showing their own lack of knowledge they are doing a disservice to those searching for facts!

Unfortunately this is why I have found it difficult to “Like” any of your posts lol.

 

[Treasure_Hunter]

Not really funny. Considering you are a Mod, I’m surprised by this post.

Jeff Gorfon is not a mod.

 

[gold tramp]

By restaking every 90 days they are unfairly exploiting a loophole in the system.

Depends on how important the claim is to you and whether you are willing to engage in a claim war.

Since they aren’t doing it fairly and you decide to do battle put your monument on the claim a distance away.

Photograph (with date/time) the monument and Notice of Location on the monument.

File with the county and BLM.

Should they contest your claim show the judge your dated photograph and proof of your prompt filing.

What would their proof be?

I’d never recommend this with a claimant who had properly staked/filed a claim but since they are gaming the system hit them with both barrels.

There are legal channels you can use should they go Hatfield on you.

Again it depends on how valuable this claim is to you.

Why is using 90 day unfair.
Gt

 

[Rail Dawg]

Why is using 90 day unfair.
Gt

Unless I misunderstood they keep restaking every 90 days.

But in re-reading the original post I might be wrong in this. The current users of the claim may have staked 9 months ago but never filed.

If I’m wrong then there’s even more incentive for Elkaholic to locate the claim and get a COL (Certificate of Location) filed.

The intent of the NOL (Notice of Location) is to give a claimant the mineral rights to a claim for 90 days while the COL is being recorded with first the county then the BLM.

He’s in Montana not sure if it’s 90 days for the county filing. It is for Nevada.

What is it for other states if others here can educate me...

 

[gold tramp]

I always thougt it was 90 days to prove the ground.
Gt.

Prudent man doesnt throw down paper on worked ground less he finds pound or pounds.
A few crumbs arent reason to claim an area.

 

[smokeythecat]

No, Jeff Gordon is not a mod. PLUS he posted after 10 pm! It was way past his bedtime. JEFF!

 

[Rail Dawg]

I always thougt it was 90 days to prove the ground.
Gt.

Prudent man doesnt throw down paper on worked ground less he finds pound or pounds.
A few crumbs arent reason to claim an area.

An NOL is placed at a monument when a locatable mineral has been discovered.

The 90 day time period gives the claimant time to get on his horse and make the journey to the “land office” for recording.

 

[gold tramp]

An NOL is placed at a monument when a locatable mineral has been discovered.

The 90 day time period gives the claimant time to get on his horse and make the journey to the “land office” for recording.

I do it just a tad differant, i go ahead clean my discovery get the gold.
as most times it only takes a few days to dig then its finished played out.

If it happens to get better, then i would go ahead n file.
If i left my discovery undugg out here, overgrazin minelabbers would just take it.
Id come back to nothing.
Gt..

 

[Rail Dawg]

I do it just a tad differant, i go ahead clean my discovery get the gold.
as most times it only takes a few days to dig then its finished played out.

If it happens to get better, then i would go ahead n file.
If i left my discovery undugg out here, overgrazin minelabbers would just take it.
Id come back to nothing.
Gt..

Sounds like you have a good way of doing it gold tramp.

In a perfect world if you posted an NOL the “overgrazin minelabbers (lol)” would keep their paws off.

Doesn’t cost anything of course to build a small monument and post an NOL.

But again looks like you have a good way...

 

[gold tramp]

Sad thing is people could care less if you have it marked.
Ive built many a stack rocks, installed posted boundrys.

I still run into many folks just helpin themselves.
Best is when they makeup there posting rules n regs
Gold does this to folks.

Worst is when they leave there trash for the locals to pick up.
Gt....

 

[minerrick]

There is one particular "claim filer" who does this as his own special way of "locking up claims" and putting them on the market and then he files with the county and the blm when he sells them. I talked to someone who actually went out to one of these "paper claims" and saw all the corners marked and there was even discovery papers with a fabricated CAMC number written on it with conveniently "smudged" CAMC number. A quick check at both the county and the BLM showed that there was no current claim at that location- nor has there been for the last several years- even though his filing date on the paperwork was 6 months past. When filing a mining claim you have 90 days to record it at the BLM and County, and if the mining claim has a smudged CAMC number and the posted date of the discovery is longer than 90 days prior to your observation of the lack of recording at the county and the BLM, chances are that particular person who is "claiming the claim" is in fact committing a fraudulent act and in fact does not own the claim and is tying it up for his own claim sales benefit. This guy who does this has been doing to since at least 2007, and I know for a fact that he has tied up at least 20 claims currently using this technique. You have lots of options if this is the same guy.