Taxing Unpatented Mining Claims, Fremont County sending out Real Property Notice of Valuations |
Taxing Unpatented Mining Claims, Fremont County sending out Real Property Notice of Valuations |
May 8 2012, 05:05 PM
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Rock Bar! Group: Members Posts: 613 Joined: 16-October 08 From: Central Colorado Member No.: 6,813 |
Just when I thought I had everything pretty much figured out with mining claim laws, Fremont County sends me a Real Property Notice of Valuation for my unpatented placer mining claims. After running the numbers and reading the fine print, county government was making a demand for several hundred dollars on each claim. No other county has demanded taxes on unpatented claims I hold on BLM lands. After doing a little research, I found this reference to taxing Colorado mining claims;
TITLE 39 I went to the Assessor's Office and complained about the high values and asked how they were determined along with an explanation of why adjacent claims were not being taxed. Well, now they are going to re-asses my claims and send me an updated valuation in a couple of weeks. Both the local BLM Field Office and the Mining Law Administration at the Colorado State BLM Office are looking into this matter as well, since they have never heard of it happening before. Anyone else ever encounter this? ASTROBLEME -------------------- Annual Dues Paying Member Since 2008
Tonko Mining Company "Some day this crater is going to be a greatly talked about place, and if the above credit is due, as is certainly the case, I would like to have it generally known for the sake of the children." Daniel Moreau Barringer 2/1/1912 in a letter about the Barringer Meteorite Crater, Arizona USA |
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May 9 2012, 07:04 AM
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Moderator Group: Members Posts: 4,459 Joined: 25-August 09 From: way on up thar Member No.: 6,983 |
I am not sure if they can legally tax unpatented mining claims within their county but I could be wrong of course. Their "Title 39" was written up recently? Can a 'County' just make up rules, tax rates and charges to claim owners... then legally enforce them? Do they have an auditor or new department they are financing now to enforce this "Title 39"?
Fremont County Title 39 states that $5K annual proceeds is the magic number to categorize a claim as what they have defined a "productive claim". They apparently intend to pursue (their definition of) "productive claim" owners for their fair share???? WTF... good luck (County Officials) finding a "productive claim" that is unpatented, turning $5K proceeds (there's that word again), and reporting real numbers (or reporting at all, lol). This reeks of greed by Fremont County and I'm not sure if they can legally impose such a thing, or if they are even capable. I can comprehend them applying property tax to legitimate businesses (with employees, payroll taxes, State and Fed income tax filings established, etc), homeowners, or active/operational mines which are PATENTED but this is a big stretch. What the hell kind of County is Fremont? Sounds greedy, unlawful, and rogue to me... possibly usurping or testing the Federal Mining Laws of 1872. I don't believe that unpatented location claims are legally subject to annual County property taxation. Is this legal and within a County's rights to impose???? Here are some curious quotes from the Title which cannot make sense: From Fremont County Title 39: 39-6-105. Producing mines defined. All mines whose gross proceeds during the preceding calendar year have exceeded the amount of five thousand dollars shall be classified as producing mines, and all others shall be classified as nonproducing mines. 39-6-106. Valuation for assessment of producing mines (6) This section shall apply to and affect only the valuation of producing mines pursuant to this article. -------------------- /l ,[____], l---L-OlllllllO- ()_) ()_)--o-)_) BLACK SANDS MATTER! Very Happy CP Lifetime Member CP CORE TEAM Referral Code CE213 |
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