What if I dont file a new claim notice with BLM within 90 days?

[mofugly13]

What do I need to do if I located a new claim, and sent the notice (and received it back, recorded) to the county recorder immediately, but did not send it to BLM within 90 days of location?

Edit:

Did some reading and it looks like I need to re-locate and re-file...

Answer to my question: If not filed within 90 days of the location date, the claim is considered abandoned.

 

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[goldenIrishman]

Well.... At least you don't have to go back to square one and redo all of the research since you already know where it's at.

 

[Underburden]

At least your sequence of events was correct, although a little late for BLM.
I've seen claims that are filed at BLM and never recorded at the county. Total waste of filing fees and no legal way to transfer ownership. Leaves the door wide open for overfiling by others also.
You're lucky as you're only out chump change at the county.
Be sure your location date and recording dates are within the 90 day window before reprocessing your paperwork.

 

[Sam_at_Armadillo]

What do I need to do if I located a new claim, and sent the notice (and received it back, recorded) to the county recorder immediately, but did not send it to BLM within 90 days of location?

Edit:

Did some reading and it looks like I need to re-locate and re-file...

Answer to my question: If not filed within 90 days of the location date, the claim is considered abandoned.

When filing this time... AND you plan to send payment to the BLM ASAP....you can back date location date to 59 days back from the date you file at the county.
Kind of confusing, but legal.
The reason: It will safe guard you from over filers.

Call if you have any questions.
Sam

 

[mofugly13]

When filing this time... AND you plan to send payment to the BLM ASAP....you can back date location date to 59 days back from the date you file at the county.
Kind of confusing, but legal.
The reason: It will safe guard you from over filers.

Call if you have any questions.
Sam

So, if i were to refile today, i could count back 59 days from feb 10 (todays date) and put that as my location date? Then, as soon as i get the recorded paperwork back from County, get it back into an envelope with payment and sent to BLM asap?

 

[Sam_at_Armadillo]

So, if i were to refile today, i could count back 59 days from feb 10 (todays date) and put that as my location date? Then, as soon as i get the recorded paperwork back from County, get it back into an envelope with payment and sent to BLM asap?

YES!
EXACTLY!

You will then have only 30 days from location date to file with BLM!

Sam

 

[Underburden]

Sam, your math is a little fuzzy to me.
Back up 59 days for a modified location date (Dec 10th roughly) and then you have 30 days from location date to file with BLM?
Did you mean 30 days from county recording date?

 

[Kenmitch]

Sam, your math is a little fuzzy to me.
Back up 59 days for a modified location date (Dec 10th roughly) and then you have 30 days from location date to file with BLM?
Did you mean 30 days from county recording date?

Confused me also at first also. You need to file with the BLM within 90 days of the location date. Back dating the location date by 59 days from todays date is subtracted from the " within 90 days " part.

 

[Sam_at_Armadillo]

Your location notice must be filed with the county the claim located in with in 60 days of the location date
and
90 days from location date with the BLM


So if you BACK DATE your location date 59 days....
you are walking the line by one day ... on the county end.
Then only leave your self 30 days to get it to the STATE BLM office

Clearly your boots have been on this ground... you are correcting your own ooops.

Otherwise this would not work.

 

[Clay Diggins]

Your location notice must be filed with the county the claim located in with in 60 days of the location date
and
90 days from location date with the BLM

California locators have 90 days to make their public record (county recording).

California Public Resources Code
Section 3911. Within 90 days after the posting of his or her notice of
location upon a lode mining claim, placer claim, tunnel right or
location, or millsite claim or location, the locator shall record, in
the office of the county recorder of the county in which the claim
is situated, a true copy of the notice together with a statement by
the locator of the markings of the boundaries as required by this
chapter and the character of the markings, which statement also shall
include the section or sections, township, range, and meridian of
the United States survey within which all, or any part, of the claim
is located.
Any person who willfully makes a false statement with respect to
any mining claim on the posted location notice or on the recorded
notice, or accompanying statement, is guilty of a misdemeanor and,
upon conviction, shall be punished by a fine of not more than two
hundred dollars ($200) or by imprisonment in the county jail for not
more than six months, or by both that fine and imprisonment.

Mofugly13 didn't say which state the claim is located in but he hails from California so he may have more than the 60 days you imply.

Sounds like mofugly13 might be wise to post his location notice again, if his claim is in California, as that is what starts the 90 day clock ticking in California.

Heavy Pans

 

[Goldwasher]

When filing this time... AND you plan to send payment to the BLM ASAP....you can back date location date to 59 days back from the date you file at the county.
Kind of confusing, but legal.
The reason: It will safe guard you from over filers.

Call if you have any questions.
Sam

You are not allowed to do that Sam.

Your valid with boots on the ground and a location.

Backdating is illegal you can only discover on the day you discover.

There are no time machines

 

[winners58]

since its not yet a BLM recorded claim under FLPMA, there cant be a determination that its abandoned.
start over, due diligence, boots on the ground, check that no one has posted a location notice.
so since its been located by you, seems like you only have to reaffirm that you intend to hold it,
if no one else has asserted a right in the claim, you should be able to put any date past the original discovery.

 

[mikep691]

Also, make sure the county is notified of the original claim filing is forfeited. You may need to file a quit claim deed for this. Otherwise, if the county the claim is located in charges property taxes, they will be sending you tax assessments for both your filings for the same piece of land. I know this for fact as Plumas county sent me tax assessments for the other recordings we had for the same area. I was able to straighten it out over the phone, and the recorder said that once it's recorded in the county, it's yours regardless of whether you file with BLM.

 

[Sam_at_Armadillo]

Thank you. I do understand. And am very sorry speaking with out knowing the state.

Oregon BLM was the one that told me that if holder was already located and was there working, and it was just a paper file issue then this was ok.

Please except my apologies.