Claim Jumpers, Altering Patented Mining Claim Boundaries Options

[Gold Hill Miner]

I have thwarted a claim jumper and an adverse possession. I am in possession of 6 survey plats showing the accurate location of my claim and 1 inaccurate setback line by an inexperienced surveyor and an incorrect Cadastral Survey/ meets and bounds survey from the BLM. I have been able to prove my claim jumper has rotated his claim 75' disrupting several mountain communities and 10 immediate adjoining parcels. I found what I needed buried in BLM case files that were missing listed documents/photos and also hidden in inaccurate case files. I am the 4th land owner since 2010 to have my claim locations fixed in my area. 4 other immediate land owners are next since I have completed my investigation. I am filing a lawsuit against this claim jumper. I have contacted the local authorities and I have contacted the BLM. I thought this was the BLM's fault. It was not.

What I am struggling with, is protection from the crazed claim jumper. I have also found there have been many land disputes over the mining claims in my area because of this ripple effect. The claim jumper claim is at the top of our mountain section. This has rippled into multiple mountain areas because the claim jumper altered his claim lines to encompass trespass issues on government land. The BLM, the County and the sheriffs department are not showing any accountability with this. All of us in the immediate area are filing the BLM letter to the claim jumper (ordering removal of trespass issue) and a recent survey showing the movement of many claims in our area by BLM to be inaccurate with the county planning department and with our deeds.

Who will finally arrest the claim jumper. His lawyer sent a letter wanting to settle out of court. Since I received the letter, the claim jumper has become more aggressive, destroys marked boundary lines and threatens my family continuously. Who will let the rest of our adjoining mountain communities know about this. I do have a TPO and will hopefully get a permanent one soon. My lawyer will be filing our lawsuit in July to recoup some of the damages caused by the claim jumper. I followed advise from a previous thread, took my land back, posted no trespassing signs and called the sheriff. Any of the remaining property in trespass on my land is mine now. How do I get this guy removed off the mountain. I can not believe the lack of accountability with the BLM, the County and the Division of Mine Reclamation. The Forest Service did help help me in 2011 and 2012 with survey equipment and we found every original stone corner monument for three of my parcels. No metal monuments unless they were thrown in mine shafts. We could see them. The forest service also proved all my GPS coordinates were a match to our county coordinates at the time. I have wasted a lot of time and money proving the same thing over and over again. No one wants to deal with this guy. I am afraid the claim jumper will cause serious damage with his bulldozer as he has in the past. Anyone remember Heemeyer in Granby or Kremmling?
On a good note, I have found my first gold flakes. At the rate I'm going it might be 10-20 years before I have an ounce. I am finding silver and gold in specific stones that have what I believe could be fluoride? It looks dark red and seems lucid or almost crystal like?

[Clay Diggins]

The Court and the County are correct. It is a civil matter. Trying to involve the BLM, FBI, CBI, Forest Service, the Cadastral Survey or the United States in your cause is like trying to go to a German government official to get a Colorado State driving license. Neither will have the desired result and both are a waste of everyone's time.

It matters not that your private property was acquired through a patent. Virtually all of the private lands outside the original 13 colonies were acquired through patent. More than 6 million patents. It doesn't matter how lands became private property, the law treats those private properties the same. Put the whole idea of patents out of the issue and you will have a clearer view of your possible courses of action.

Quiet title might be the proper form of civil action to confirm your rights in your property. I'm not your lawyer and I don't know enough about your situation to have an opinion about that. Either way your cause is indeed a civil property action.

I'm curious, did you acquire the patent by assignment or succession?

Good luck on your cause. I do know how disturbing your situation can be. Hang in there and get clear about your possible courses of action and you may very well prevail.

[Gold Hill Miner]

The Court and the County are correct. It is a civil matter. Trying to involve the BLM, FBI, CBI, Forest Service, the Cadastral Survey or the United States in your cause is like trying to go to a German government official to get a Colorado State driving license. Neither will have the desired result and both are a waste of everyone's time.

It matters not that your private property was acquired through a patent. Virtually all of the private lands outside the original 13 colonies were acquired through patent. More than 6 million patents. It doesn't matter how lands became private property, the law treats those private properties the same. Put the whole idea of patents out of the issue and you will have a clearer view of your possible courses of action.

Quiet title might be the proper form of civil action to confirm your rights in your property. I'm not your lawyer and I don't know enough about your situation to have an opinion about that. Either way your cause is indeed a civil property action.

I'm curious, did you acquire the patent by assignment or succession?

Good luck on your cause. I do know how disturbing your situation can be. Hang in there and get clear about your possible courses of action and you may very well prevail.

1. Boulder county has had our correct survey since 1968. I have 4 more from neighbors adjoining my land.


2. An incorrect setback and elevation plat on "PART OF A MINERAL SURVEY LINE" for a septic rebuild after the Fourmile Fire does not constitute a property survey, boundary survey, or a compete mineral survey of a mining claim with wide open discovery shafts.

3. Boulder county has allowed our neighbors to have this incorrect survey as their boundary and property survey as public record. Refusing to acknowledge all the evidence I have showing the neighbors have altered an entire 2003 BLM survey. The BLM in Lakewood does not manage this area and has been extremely helpful to me since the Royal Gorge BLM that manages this area has been complicit. The BLM owns all the pockets of land between the mineral surveys. BLM swears they did not alter any mineral surveys and I have proof showing who did.

4. We found that other neighbors are also obliterating BLM and private land corners, while leasing their minerals to the local mining companies as well.

5. Mining claims and boundaries in dispute are showing up on line with SEC filing Numbers.

6. A judge just quieted my title based on another incomplete survey from neighbors. 3 lines instead of 4, noted damaged corner monument that the surveyor says he did not recall. I was never able to show my surveys or evidence.

7. Colorado Mine Safety and Reclamation has been in agreement with me since 2012, that the BLM monuments have been altered and have to go by the mine features. I have it in writing from emails. They helped me with 5 shafts on adjoining claims that connect to the N. Plat water system.

8. The Forest Service was in agreement in 2012 that someone had altered the BLM monuments, brought out equipment and uncovered all of our monuments, when they saw we were having trouble with our surveyor. I have it writing from emails. We have the neighbors on film altering and hiding the monuments.

9. Boulder County planning department, the BLM and the sheriffs department has allowed our neighbors to terrorize my family for a long time. I have lived on these mining claims to also prospect my tailing piles since 1985. We should have never had to go through this. I am not the only one.

10. This is what the FBI calls white collar crime and paperwork terrorism in an Allodial Title tip line article.

11. I have been moved 100' off the road we crossed, on to other neighbors land, BLM land and off the top of a mountain, loosing over an acre of our land of 35 years. Also our 20' deep mine shaft now belongs to the neighbor. They call it a trench I dug, when it is a properly platted mine shaft that mine safety helped me open with a bulldozer for litigation. After I carefully uncovered as much of it I could for month by hand.

12. No one including my former lawyer would acknowledge my water rights, mineral rights or the taxes I have paid for 35 years. This is not a civil matter it is criminal with terrorism!

13. We were told our surveyor was held at gunpoint out here by someone. He said it happened somewhere else. His co workers claimed he would never come out here again. I later begged him to come out, he lied about what he saw after his visit and we have him on film as well. He also showed up without his survey equipment. Then other surveyors pointed out monuments that were illegally installed and not mapped according to regulations. That first company also filed most of our state recorded monuments in a different township. Some were stolen out of Boulder County records and all said "survey still in progress and unfinished." Some monuments on another incorrect plat said found, when they were installed by that first surveyor. Some disappeared on later exhibits, then showed up in new locations on the ground.

14. On 2/12/18 I received an email from the BLM saying any surveyor could fix my monuments if someone had altered them, finally. I was slapped with a temp. injunction to stay off my land with in days of that email, allow my neighbors full use of over an acre of my only flat land and I would be in contempt of court if I fixed anything. That order has been made permanent.

The Forest Service gave me a fuel reduction grant to clear escape routes around several of my mining claims after the Fourmile Fire. We knew there would be flooding eventually. We spent 35 years keeping the old mining roads clear.
The BLM still owns the land surrounding these claims and their parcels and monuments are also disappearing. In Lakewood the BLM also gave me all the neighbors trespass case files, every mining claim plat and the head of Cadastral Survey met with me and has been in constant communication with me. They also gave me the link to the cadastral survey manual among other things.
The FBI and CBI have articles and tip lines for this stuff. This is white collar crime when mineral leasing is involved.

The BLM sold me a third of an acre that the neighbors trespassed on for over 40 years, it had an abandoned well that the neighbor had hooked up to. It is a piece of patented land with a patent #.They yelled at me for buying the land two weeks after the fire. I had not finished paying for it yet. I told the neighbors we would work everything out as soon as my surveyors could fix the mess. As soon as I hired the surveyors, the neighbors started blocking our access, bulldozed our property and threatened us among other things. This has been extremely violent and the courts will not give my family restraining orders against the neighbors and I believe the county and BLM are allowing this.

The attached photo has a blue outline of our building lot of 35 years. The pink triangle is where the BLM appraisers and the neighbors dictated the location of the new 1/3 of an acre I purchased. Now the neighbor has been able to relocate my entire building lot down to the east side of the pink triangle.

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