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Modern Day Miner
post Mar 25 2014, 11:35 AM
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I was wondering about access to a certain claim. There is a closed forest service road that goes through private property. Do I have a right to use this road/trail to access my claims.
Or is this something that would require me getting private property owners permission to go through his land to get to my claims?

Thanks
MDM
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swizz
post Mar 25 2014, 12:12 PM
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Hi Chad,
Yes, you have rights to use a Forest Service Road for access to your claim. If the USFS road goes through private property then stay on the road when you are using it.
If the road is gated with a lock... you'll need to contact the regional USFS office. You can either obtain a key for their lock... or they will let you daisy chain one of your own locks to it.
You don't need property owner's permission if you are not stepping on their property. FS roads are not private property.


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Modern Day Miner
post Mar 25 2014, 01:33 PM
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QUOTE (swizz @ Mar 25 2014, 01:12 PM) *
Hi Chad,
Yes, you have rights to use a Forest Service Road for access to your claim. If the USFS road goes through private property then stay on the road when you are using it.
If the road is gated with a lock... you'll need to contact the regional USFS office. You can either obtain a key for their lock... or they will let you daisy chain one of your own locks to it.
You don't need property owner's permission if you are not stepping on their property. FS roads are not private property.


Hey Chris

What if the road is closed and has been for some time.
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swizz
post Mar 25 2014, 04:09 PM
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QUOTE (Modern Day Miner @ Mar 25 2014, 01:33 PM) *
Hey Chris

What if the road is closed and has been for some time.

It shouldn't matter as long as it is a US Forest Road. A number of Forest and BLM Roads have been "closed" in recent years for various reasons. "Closed" normally pertains to vehicular access for recreational vehicular travel. Your activities are not recreational, you are mining, huge difference. On my claims the BLM had "closed" and gated a couple of their roads prior to my claim ownership. I visited the regional BLM office and the next day had my own locks daisy-chained to the gates as per my mining rights and they were very cooperative. Forest roads fall into the same category in terms mining rights.


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Modern Day Miner
post Mar 25 2014, 04:49 PM
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QUOTE (swizz @ Mar 25 2014, 05:09 PM) *
It shouldn't matter as long as it is a US Forest Road. A number of Forest and BLM Roads have been "closed" in recent years for various reasons. "Closed" normally pertains to vehicular access for recreational vehicular travel. Your activities are not recreational, you are mining, huge difference. On my claims the BLM had "closed" and gated a couple of their roads prior to my claim ownership. I visited the regional BLM office and the next day had my own locks daisy-chained to the gates as per my mining rights and they were very cooperative. Forest roads fall into the same category in terms mining rights.


I did talk with the local forest service office. They said that I could drive as far as I could on the road and that I would have to hike the rest of the way in. They said that the road in question really isn't a road anymore. So we will have to see how far I can get. I don't think it will be that long of a hike.

Thanks for the input Chris.
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Posts in this topic
- Modern Day Miner   Claim Access   Mar 25 2014, 11:35 AM
- - swizz   Hi Chad, Yes, you have rights to use a Forest Serv...   Mar 25 2014, 12:12 PM
|- - Modern Day Miner   QUOTE (swizz @ Mar 25 2014, 01:12 PM) Hi ...   Mar 25 2014, 01:33 PM
|- - Crusty   QUOTE (Modern Day Miner @ Mar 25 2014, 02...   Mar 25 2014, 03:28 PM
|- - swizz   QUOTE (Modern Day Miner @ Mar 25 2014, 01...   Mar 25 2014, 04:09 PM
|- - Modern Day Miner   QUOTE (swizz @ Mar 25 2014, 05:09 PM) It ...   Mar 25 2014, 04:49 PM
|- - swizz   QUOTE (Modern Day Miner @ Mar 25 2014, 04...   Mar 26 2014, 04:09 AM
- - russau   Very good post Swizz!! dig deeper into ALL...   Mar 26 2014, 05:56 AM
- - swizz   "Small Scale Miner" is not a legal defin...   Mar 26 2014, 07:14 AM
- - swizz   ... as far as contacting the property owner. Pers...   Mar 26 2014, 07:42 AM
- - swizz   Should be enough info here for you Chad to make so...   Mar 26 2014, 07:56 AM
|- - Crusty   QUOTE (swizz @ Mar 26 2014, 08:56 AM) Sho...   Mar 26 2014, 09:35 AM
- - Modern Day Miner   I don't even know how to pole vault.   Mar 26 2014, 11:54 AM
|- - swizz   QUOTE (Modern Day Miner @ Mar 26 2014, 11...   Mar 26 2014, 06:45 PM
- - ColoradoProspector   QUOTE (swizz @ Mar 26 2014, 07:56 AM) Sho...   Mar 27 2014, 07:01 AM
|- - Goldshark   QUOTE (ColoradoProspector @ Mar 27 2014, 06...   Jan 3 2022, 09:25 PM
- - moontan   Thanks Swizz. As a newbie, I was just given solid ...   Mar 30 2014, 04:45 PM
- - jhidek   OK, so I hate to be the one that brings up an old ...   Apr 11 2016, 05:44 PM
|- - Clay Diggins   QUOTE (jhidek @ Apr 11 2016, 05:44 PM) I ...   Apr 11 2016, 11:35 PM
- - swizz   The FS is required to allow you vehicular access b...   Apr 11 2016, 07:44 PM
- - jhidek   Thats exactly what I did in AZ and everything was ...   Apr 11 2016, 08:08 PM
|- - swizz   QUOTE (jhidek @ Apr 11 2016, 08:08 PM) Th...   Apr 14 2016, 10:07 AM
- - jhidek   So what I'm up against now, is City of Colorad...   Apr 29 2016, 09:51 AM
|- - swizz   QUOTE (jhidek @ Apr 29 2016, 09:51 AM) So...   Apr 30 2016, 06:49 AM
- - Coalbunny   Hmmm. Who owns the land your claims are on? Who ...   Apr 30 2016, 02:38 AM
- - johnnybravo300   It's not unlawful if there is no law. If there...   Apr 30 2016, 07:05 AM
|- - Crusty   QUOTE (johnnybravo300 @ Apr 30 2016, 07:0...   Apr 30 2016, 07:34 AM
- - swizz   johnnybravo, There are laws that protect private p...   Apr 30 2016, 07:36 AM
- - jhidek   My claim is on BLM land in Pike NF, as is the majo...   Apr 30 2016, 08:05 AM
|- - Crusty   QUOTE (jhidek @ Apr 30 2016, 08:05 AM) My...   Apr 30 2016, 08:21 AM
- - jhidek   And yes, the road in question IS fdr380   Apr 30 2016, 08:07 AM
- - swizz   I am still thinking that you should be able to hav...   Apr 30 2016, 08:26 AM
|- - Crusty   QUOTE (swizz @ Apr 30 2016, 08:26 AM) I a...   Apr 30 2016, 08:34 AM
- - jhidek   That's kind of what I've been doing, worki...   Apr 30 2016, 08:54 AM
- - swizz   Request that a USFS person meet you at the gate. S...   Apr 30 2016, 09:04 AM
- - CP   This is a confusing situation obviously in the fie...   Apr 30 2016, 09:14 AM
|- - Crusty   QUOTE (CP @ Apr 30 2016, 09:14 AM) This i...   Apr 30 2016, 09:37 AM
- - Gene Kooper   Since I don't know the particulars of this are...   Apr 30 2016, 03:13 PM
- - Clay Diggins   I looked up the area where the park and gate is. T...   May 4 2016, 09:57 PM
- - Crusty   As an extra bit of info, this road has (for awhile...   May 5 2016, 09:51 AM
- - Woody   A person would have a hard time believing what tha...   May 6 2016, 10:12 AM


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