Claim Access Options

[Modern Day Miner]

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

[Gene Kooper]

Since I don't know the particulars of this area and the land status, I'll offer a couple of generic suggestions.

From your posts, your claim is located in the Pike National Forest. I suggest arranging a meeting with the USFS District Ranger in Colorado Springs to discuss your access problem(s). Some items you may wish to bring up are: has the USFS issued an order restricting access to the portion of the road on FS land; is there an agreement between the city and FS regarding motorized vehicle access past the city park's locked gate; is there another way to access your claim that avoids the city park; and what records does the FS have regarding the road, city park and other adjacent land owners, esp. access issues.

Regarding the last question, you may find those answers by talking with the PSICC (Pike and San Isabel National Forests and Cimmaron and Commanche National Grasslands) Boundary Program Manager. This position is held by a BLM Cadastral Surveyor. I don't know if the same person holds the position now, but in 2014 they were very helpful in getting the FS to recognize the encroachment of a trail head parking lot onto my client's property. Needless to say, my client was less than happy that the Forest Service's concessionaire was was collecting money from people parking on his patented claim. I can send you the old contact info via email (cekooper at gmail dot com) if you'd like to contact him.

One more idle thought....the road in question may no longer be a public road (if it ever was). The city may have gone through the process of vacating the road when they acquired or upgraded the park land, thereby eliminating access as a public roadway.