Printable Version of Topic

Click here to view this topic in its original format

Colorado Prospector - Gem and mineral prospecting and mining forums _ Valuable References _ Notice Of Intent Reminder

Posted by: swizz Dec 15 2016, 02:55 PM

To all fellow mining claim owners here. Just a quick reminder to file your Notice Of Intent To Hold before the deadline of December 30th if you haven't already this year.
I wish you all a very prosperous 2017 mining season! signs026.gif

Posted by: Crusty Dec 15 2016, 04:24 PM

QUOTE (swizz @ Dec 15 2016, 01:55 PM) *
To all fellow mining claim owners here. Just a quick reminder to file your Notice Of Intent To Hold before the deadline of December 30th if you haven't already this year.
I wish you all a very prosperous 2017 mining season! signs026.gif



Great gift from you to the claim owners on your birthday! ;)

Posted by: Denise Dec 8 2018, 02:36 PM

Great info Swizz, so I thought I would bump it back up to also remind folks this year! thumbsupsmileyanim.gif

Posted by: Clay Diggins Dec 8 2018, 06:26 PM

Good info! thumbsupsmileyanim.gif

That deadline applies to Labor Affidavits for small miners too. The deadline is December 30th (Not the 31st). This year the deadline is December 28 because the 30th falls on a weekend. This year the fee per claim went up to $15.

Posted by: Easygoer Dec 8 2018, 11:16 PM

Is the correct form

FORM APPROVED OMB NO. 1004-0114 ??

Thanks

Easygoer

Posted by: Clay Diggins Dec 9 2018, 11:06 AM

QUOTE (Easygoer @ Dec 8 2018, 10:16 PM) *
Is the correct form

FORM APPROVED OMB NO. 1004-0114 ??

Thanks

Easygoer


No that is not the proper "form".

There is no proper "official" form from the BLM because the legal requirement for an affidavit varies by state. You need to follow your state's rules for recording affidavits. The BLM "form" also puts you on notice of this deficiency.

If you look at the "Instructions" at the bottom of your form 1004-0114 you will see this notice first:

QUOTE
INSTRUCTIONS
1. This is an optional form that may be used to satisfy the requirements for the Bureau of Land Management (BLM) under the provisions of 43 U.S.C. §1744 and 30 U.S.C. §28-28d and the regulations thereunder (43 CFR part 3835). Since local and State laws may vary, you should contact your local and State agencies where the claims are located to ensure all applicable laws and requirements are satisfied.

And a little further down in the Instructions:
QUOTE
THE PAPERWORK REDUCTION ACT requires us to inform you that:
Use of this form is optional.

I am not your attorney. None of the following should be taken as legal advice.

I know that in Arizona, and several other states, using that form leaves out many required aspects of a proper legal affidavit.

The BLM form is missing some of the federal requirements as well. The BLM form also has the problem that it's styled as a "Testimony" given under "Penalty of Perjury" which is not a proper form of affidavit in any State I have encountered.

It's not that hard to make a simple statement of intent or labor with a list of the claim names, BLM Serial Number, County Book and Page and Township Range and Section.

Here is a partial example I have used some times:
QUOTE
YOUR NAME is the owner of the mining claims listed below. The work and improvements were made by and at the expense of YOUR NAME for the purpose of complying with the laws of the United States pertaining to assessment or annual work. The mining claims listed on this document are situated in XXXX County, XXXXState.
That between the dates starting at 12:01 a.m. on September 1, 2017 and ending at 12:01 a.m. on September 1, 2018 at least $100 (dollars) worth of work and improvements was done and performed upon each claim listed below. The work and improvements consisted of:
*BRIEF DESCRIPTION OF WORK DONE*

*List of Claims/CMC#s/County Book-Page/TRS*

I am a citizen of the United States and at least eighteen years of age. I do solemnly swear or affirm that on this ____________ day of ______________, 2018 this affidavit of performance of annual work has been examined by me and to the best of my knowledge and belief the information contained on this document is true, correct and complete.

Signature
Date
Notary Stamp


That is just an example. You will need to contact the County Recorder where your claim is located to get the margin, type size, addressing and cover page requirements. You will need to make a separate public record in each County in which you have a claim.

Record at the County (required) and send a photocopy of the county record Return Receipt Certified Mail signature required to the State BLM office along with $15 filing fee per claim in payment by December 28th 2018.

I know this can be confusing when it's new to you. This stuff is pretty easy after your first round. The actual format of your filing is unimportant as long as all the essential elements are on the affidavit. No "form" required.

Posted by: Easygoer Dec 9 2018, 04:26 PM

QUOTE (swizz @ Dec 15 2016, 02:55 PM) *
To all fellow mining claim owners here. Just a quick reminder to file your Notice Of Intent To Hold before the deadline of December 30th if you haven't already this year.
I wish you all a very prosperous 2017 mining season! signs026.gif



Is is possible for someone to post a Notice of intent to Hold that they have submitted in the past?


Thanks


Easygoer

Posted by: Clay Diggins Dec 9 2018, 05:38 PM

QUOTE (Easygoer @ Dec 9 2018, 03:26 PM) *
Is is possible for someone to post a Notice of intent to Hold that they have submitted in the past?


Thanks


Easygoer


Not sure I understand the question Easygoer?

A Notice of Intent to Hold Mining Claim is recorded at the County and a copy is filed at the BLM. There is no need to post your claim with the notice.

If you have recorded and filed a Notice of Intent to Hold in the past and all the elements of an affidavit are present you could probably just change the notice date, sign and date with a notary, record with the County and file a copy with the BLM.

You will need to have a new original signature (not a copy) and a new notary stamp - those can not be used more than once per document/year.

Posted by: Easygoer Dec 10 2018, 04:10 PM

QUOTE (Clay Diggins @ Dec 9 2018, 05:38 PM) *
Not sure I understand the question Easygoer?

A Notice of Intent to Hold Mining Claim is recorded at the County and a copy is filed at the BLM. There is no need to post your claim with the notice.

If you have recorded and filed a Notice of Intent to Hold in the past and all the elements of an affidavit are present you could probably just change the notice date, sign and date with a notary, record with the County and file a copy with the BLM.

You will need to have a new original signature (not a copy) and a new notary stamp - those can not be used more than once per document/year.


Poorly phrased question I guess! Can anyone post a blank form that they have used previously in the state of Colorado? By post I mean on this board, I know you don't have to physically post it on your claim.

Thanks,


Easygoer

Posted by: Clay Diggins Dec 10 2018, 06:19 PM

Here is the link to the https://codes.findlaw.com/co/title-34-mineral-resources/co-rev-st-sect-34-43-114.html regarding recording an affidavit of labor. Combine the federal requirements as I did above in my example and you should be good to go. The actual format doesn't matter as long as all the elements are there and it meets the page margin etc. of your county recorder.

I've handwritten several affidavits. It's not about a "form" it's about meeting the legal requirements.

Powered by Invision Power Board (http://www.invisionboard.com)
© Invision Power Services (http://www.invisionpower.com)