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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?

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MDM
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CP
post Apr 30 2016, 09:14 AM
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This is a confusing situation obviously in the field. And you all are responding so quickly in this thread.......Zing!! thumbsupsmileyanim.gif

Ok Jhidek, let me make sure I have this straight, at first you were saying your claim was on NF but now you're saying it's on BLM lands....that makes a difference which gov dept. office you should be dealing with to start off.

This spot also involves a city park parcel? ....No matter if the "park" is state, county or city.....those parks are all factually private land deeded to those depts. and they can restrict/make rules as they see fit.

This sounds very very similar to a spot I discussed at length (concerning access via the park) with one of our club members sometime last year.... The responses posted thus far have been top notch everyone good work! Love to see cub members in here helping folks out as best they can with the info given! CP_Member.gif

If there is a "park" involved where your access point is stopped and you're parking there inside the park to hike onto FS lands.....they probably can do that based on it's private land and the FDR380 sounds like it's been named differently than other FS roads too......the word "development" added leads me to think the road was made or re-opened for the park possibly? Thus is not part of the actual FS system of roads? Just guessing on the legal stance from the parks end but I'll be that's their stance.

At this point I'd be looking at who uses the gated road you're wanting to use for vehicles......if it is only the parks dept (state, city or county....whichever) using the road then you're probably going to have to look for another access point/road. But on the other hand if it's FS (or BLM) using that gated road for any type of vehicular access, then I'd agree, you're access should be granted as a claim owner as well. As I just said though, which dept that is FS or BLM is who you should be contacting then at that point.....not the park. happy112.gif

Not sure if you're a club member or not yet Jhidek, but I would highly recommend club membership for you if you're not one yet.....this is exactly the kind of things we all help each other with, and I personally spend quite a bit of time consulting with club members individually, as the topics arise during ones research, staking of claims and working them or acquiring claims and then successfully working them without being mislead by misinformation that just confuses a person when trying to deal with their individual scenarios encountered. Seems like there is always another question that comes up or concern someone in a uniform puts forth for every answer gained as you go.....but that's how it works best when you have better knowledge, find the right answer and then move ahead with confidence on your claim work! It makes the world of difference when you're treated as a claim owner by the gov. depts. as you can see by our club members responses of their own experiences. char092.gif happy088.gif




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- 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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