Mining claim forms a problem? Options

[Mineral Estate G...]

It would appear, looking over the LR2000/BLM records listing the status of our mineral estate recordation, that we are being mischaracterized as an administrative entry, i.e., leaseable mineral or saleable mineral, under the 1976 FLPMA and not the appropriate 1866 precious mineral deposit grant act.

So be ready for some trouble from the agencies over your claims, whether or not you use defective premade forms.

[Mineral Estate G...]

I share in part this info asked of me and addressed to a member of another forum on claim filings.


Most forms that are filed have problems.
And each is different.

What you are filing is a Notice of Location.

What you have to avoid in the Notice is accepting obligations that are not part of the grant or anticipate entry under the 1976 FLPMA phrases such as "subject to state law" are tell-tale problems because there is no such requirement under the grant. There are state statutes but those must conform to the "laws of the United Sates". The 1866 act is a law of the United States and congressional land disposal act and no state or agency can intefere. That is not so for administrative entries such as for common materials. The current "book store" forms appear inadequate to Me for the purpose.

You are not just making a "mineral claim". You are claiming a mineral deposit. There is a big difference, even though they all go through the formal requirements for claim under the 1872 Act.

The Notice of Location is a Notice of exclusive Claim of a mineral deposit which enjoys "as patent" rights. As such by this you can readily see any obligation you volunteer in your Notice gives the Notice that you will accept a lesser estate subject to external or state or federal statutes or rules. Such a claim is not "as patent" and is subject to state and federal regulation, such as environmental impositions, bonds and reclamation.

You could take a Book store form as a model and then cut out all the servitudes, then add a couple lines accepting your mineral deposit located and granted in the Act of July 26, 1866. That's what I did initially.
You can get a copy of the 1866 Act at http://www.grantedright.com and look at The Law page. Print out HR 365 and the Hicks case for reference material to carry with you. The first paragraph of HR 365 has most of what you need for a Notice of Location statement. You'll need to add the Legal description to the notice. ..and the other requirements.

I don't want to make it sound complicated because it really isn't. The requirement though to stay true to the act of 1866 is required. It is a simple act but it had far-reaching consequences which we enjoy today. Such as RIGHT of way access in Section 8. This means, if you are prospecting you have right to be in the public land and on the roads. Read the Hicks case for clarification. Notice he was on a "closed" road and had right to be there.

There is an open invitation every First Friday to the SWOMA meeting. One is on for this Friday. We always go over a lot of stuff and people can get help too. A lot of help is on the fly but it seems to work out.

MEG

[Mineral Estate G...]

Today (Wednesday 09/09) in the first half or so of his shown, Hal Anthony will attempt to explain what his research has shown to be possible problems of filing the pre made (store purchased) mining claim forms and the unknown state and federal servitudes you may be putting upon yourselves.

Hal’s shows time is Monday through Friday noon to 2:00 Pacific time. He can be listen to at http://www.revolutionbroadcasting.com/. Call in # 1 505 715 6522

Hal’s email is: markonthebeast@yahoo.com

MEG…Hal’s defacto publicist.

[Mineral Estate G...]

mp3 First hour: http://lamp.revolutionbroadcasting.com/arc...90915-00-00.mp3

mp3 Second hour:
http://lamp.revolutionbroadcasting.com/arc...90916-00-00.mp3

Legislative Grants, the Present Grant. *** From Leavenworth, Lawrence, & Galveston RR. Co. v. United States (1875): he rules which govern in the interpretation of legislative grants are so well settled by this court that they hardly need be reasserted. 'All grants of this description are strictly construed against the grantee; nothing passes but what is conveyed in clear and explicit language; and, as the rights here claimed are derived entirely from the act of Congress, the donation stands on the same footing of a grant by the public to a private company, the terms of which must be plainly expressed in the statute, and, if not thus expressed, they cannot be implied.' “It creates an immediate interest, and does not indicate a purpose to give in future. 'There be and is hereby granted' are words of absolute donation, and import a grant in praesenti. This court has held that they can have no other meaning; and the land department, on this interpretation of them, has uniformly administered every previous similar grant. Railroad Company v. Smith, 9 Wall. 95; Schulenberg v. Harriman, 21 id. 60 *** *** “In construing a public grant, as we have seen, the intention of the grantor, gathered from the whole and every part of it, must prevail. If, on examination, there are doubts about that intention or the extent of the grant, the government is to receive the benefit of them.” ****** “and, unless there were other provisions restraining the words of present grant, the grants uniformly were held to be in praesenti, in the sense that the title, although imperfect before the identification of the lands, became perfect when the identification was effected and by relation took effect as of the date of the granting act, except as to the tracts failing within the excluding provision.” St. Paul & Pacific R. R. Co. v. Northern Pacific R. R. *** *** “"A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. A party is, therefore, always estopped by his own grant." Fletcher v. Peck, 10 U.S. 87 (1810)” . . . . And much more. I thank you for your continuing support.Behind The Woodshed, we put marks ON the Beast.-Hal Anthony markonthebeast@yahoo.com

[Mineral Estate G...]

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