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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[Clay Diggins]

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.

If the location notice is not recorded with BLM within 90 days after its location, the unrecorded claim is abandoned and void by operation of law. Faking a serial case file number to deceive potential prospectors and locators is fraud.

Not that I would suggest this as a course of action but BLM has been known to prosecute. Certainly the courts would back you up if you made a claim there and could prove he had been posting notice and faking serial numbers.

Heavy Pans

 

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[minerrick]

Yeah, Clay that is what I was thinking. This particular person has been notorious doing this literally for years. Everyone locally in that county knows who he is. Someday.... someone might just send something in to the BLM and cook his goose. Risky game to play to save $300 on a claim he is selling for $11k

 

[Goldwasher]

it's not really lawful to sell gold you have "collected" on open public lands.

But, hey since BLM doesn't really enforce it... what the hell.

Picking and choosing the parts of the mining law we like is fun. The state wants to walk all over it, prospectors and small time guys might as well do it and brag about it too.

 

[gold tramp]

it's not really lawful to sell gold you have "collected" on open public lands.

But, hey since BLM doesn't really enforce it... what the hell.

Picking and choosing the parts of the mining law we like is fun. The state wants to walk all over it, prospectors and small time guys might as well do it and brag about it too.

Dang my arm is twisted, guess i go exclusive metal detectorist.
Hunt that elusive trophy gold

Its time i gots me a few show pieces!!!

Never know i might finds me a meteor, be back when i score my first decent nugget.
I am finaly gettin a little tired of diggin, beatin on solid rock for yeller.
Gt..

 

[Oregon Viking]

Jeff Gorfon is not a mod.

Yes

 

[KevinInColorado]

Jeff Gorfon is not a mod.

Ok, whatever. Still not funny and advocating violence is uncool in the extreme.

 

[Treasure_Hunter]

Ok, whatever. Still not funny and advocating violence is uncool in the extreme.

It was a joke, he was not serious.

 

[Goldwasher]

it was just a joke Kevin

 

[Bonaro]

It was a joke, he was not serious.

Perhaps ... but I doubt the enviros who regularly cruise this site would repost it in a joking manner

 

[gold tramp]

It was a joke, he was not serious.

Pointin or threatnin with guns is never a joke.
Was just out with my grandson teachin to shoot .
we were havin this gun saftey conversation.

Remember theres impressionable young minds readin this stuff.

Its never a joke!!!!!!!!