GOLD MINING CLAIM near Fairplay Colorado FOR SALE, High Grade Ore Stockpile from London Mine and Placer Grounds Options

[ASTROBLEME]

NOTICE:

Due to the high grade nature of the gold ore stockpiled on this claim,the area is patrolled and monitored. This Federal Mining Claim is located, recorded, and maintained in accordance with 43 C.F.R. Part 3800 and 30 U.S.C. 22 et seq.; 43 U.S.C. 1744 and all appropriate state laws. All persons are warned that disturbance of the monuments, surface, or improvements on this claim or removal of minerals of any type without permission of the claimant(s), will result in their prosecution under the appropriate state and federal statutes.

HISTORY:

The London Mine Group was developed on pollymetallic quartz veins associated with the Great London Fault. According to documentation by Singewald and Butler (1941) the ore mined between 1895 and 1910 averaged 2.895 opt gold, 2.858 opt silver, 4.13 % lead, 2.66 % zinc, 4.85 % iron, 6.11 % sulfur, and 76.8 % silicon. The most recent reports published by the Colorado Geological Survey state that remaining mine and stockpile resources range from 0.10 to 0.41 opt gold having a weighted average of 0.19 opt gold. Most of the Tonko #1 CMC289770 mining claim was formerly known as the Jewett #1 CMC94664 and the Jewett #2 CMC94665 mining claims that were held by London Mine Venture from 1935 through 1991. The stockpile on Tonko #1 was estimated by Behre Dolbear & Company, Inc. in a report dated March of 1985 to contain 172,000 tons of gold ore!

MINING CLAIM MAP:



GOOGLE EARTH VIEW OF CLAIM:




HIGH GRADE SORTING OF ORE:

This photo shows the limited number of employees hand sorting out the exceptionally high grade ore being transported from the mine. Only the highest grades of visible gold ore were hand picked off of the conveyor belt and shipped out for processing. The mine had taken out all processing equipment after World War I due to high taxation. The gold ore stockpile was created by using a small mining train that traveled about 1/4 mile uphill from the sorting facility and dumped along the mountainside for future processing. The round-trip for stockpiling was about 1/2 mile and the volume of ore that was stored now looms over the local area. Since the hand sorting crew wore thick gloves and the speed of the conveyor belt moved exceptional specimens right past the sorting crew, substantial volumes of exceptionally high grade ore was subsequently transported out to the stockpile.




STOCKPILE PHOTO:




CONTACT:

President of Tonko Mining Company, Inc.

[Clay Diggins]

Is the gate locked Johnny?

All of 9S 78W Section 18 L5 is private patented land. The 120 acre placer patent there in the north of Sections 18 and 17 precedes the public way by three years.

If the gate isn't locked I doubt there is any legal issue. Private landowners have a right to protect their property even if a public way passes through. As across the rest of the west the right thing to do when encountering a gated road is to close the gate after you pass through if it was closed or leave the gate open if it was open.

The fact that the gate indicates private land and no trespassing doesn't change the status of the public way if there is one. ROWs and easements, if they exist, are not an ownership issue but one of estate. The subservient estate (private landowner) doesn't give up their rights to anything but the surface travel of the public across their private lands. To put it another way a public road is an abstract right that doesn't result in the County owning the land the road is located on.

Interestingly the Master Title Plat doesn't indicate a ROW or easement where the road crosses the federally managed lands. That makes things rather ambiguous as far as a right to access the road despite the county and forest designations. That's why you are likely to get a shrug from the Sheriff.

If your passage has been physically prevented it's probably going to be up to you to prove that right in a civil proceeding. If you do have passage but are inconvenienced to open and close the gate I doubt you will find recourse in the law. Just an experience based opinion and not meant to be legal advice.

[ASTROBLEME]

Is the gate locked Johnny?

All of 9S 78W Section 18 L5 is private patented land. The 120 acre placer patent there in the north of Sections 18 and 17 precedes the public way by three years.

If the gate isn't locked I doubt there is any legal issue. Private landowners have a right to protect their property even if a public way passes through. As across the rest of the west the right thing to do when encountering a gated road is to close the gate after you pass through if it was closed or leave the gate open if it was open.

The fact that the gate indicates private land and no trespassing doesn't change the status of the public way if there is one. ROWs and easements, if they exist, are not an ownership issue but one of estate. The subservient estate (private landowner) doesn't give up their rights to anything but the surface travel of the public across their private lands. To put it another way a public road is an abstract right that doesn't result in the County owning the land the road is located on.

Interestingly the Master Title Plat doesn't indicate a ROW or easement where the road crosses the federally managed lands. That makes things rather ambiguous as far as a right to access the road despite the county and forest designations. That's why you are likely to get a shrug from the Sheriff.

If your passage has been physically prevented it's probably going to be up to you to prove that right in a civil proceeding. If you do have passage but are inconvenienced to open and close the gate I doubt you will find recourse in the law. Just an experience based opinion and not meant to be legal advice.

Hello Clay Diggins,

Although I've never encountered the gate being locked, other people have recently and they have been ordered to leave USFS lands by the operator of the gate blockade. My trip a few days ago through this blockade gave me chills...when seeing kid's bikes with training wheels parked right next to the travel surface of the road that comes in from both an uphill blind corner...and a downhill blind corner... that is being traveled by heavy mining equipment and fast moving recreational traffic. Observing a 5th wheel trailer, satellite dish mounted on a ground buried post, barbecue, commercial generator, porta potty...etc... well this appears to be a family residence established upon the county R.O.W. There are laws that govern this situation and I'm seeking to bring the problem to the attention of others to protect everyone involved.

This area isn't governed by the codes of the west. Park County has Roads and Bridges Regulations that are authorized by, inter alia, Sections COLORADO REVISED STAUTES 30-28-101 et. seq.30-28-133, 43-2-114 and 43-2-201.
Amongst the many road and bridge regulations that have been legally established by Park County, there are two easily understandable regulations for the public to be aware of;
2.1.5 C All roads over private lands that have been used adversely without interruption or objection on the part of the owners of such lands for twenty (20) consecutive years are public roadways.
2.1.5 E All roads over the public domain, whether agricultural or mineral, are public roadways.

Park County Road and Bridge Department seeks the cooperation with all law enforcement officials in administering the provisions of the road and bridge regulations. They also, insofar as possible, develop ways and means to improve traffic conditions. This was what happened last year when I complained of being threatened with trespassing charges when traveling on the subject roadway. The issue is, in my opinion, an already settled matter and the right-of-way will be cleared as prescribed by law by the appropriate government entity.

The county has established speed limits approaching the "barricade". When traveling downhill towards there are 20 MPH signs. Traveling uphill, there are no signs leading into the blind corner. Here's two pics taken on the parcel you've identified as being private patented land. This is condition a few days ago of the road approach from uphill that show the reason to use extra caution on this section of public roadway. Both uphill and downhill travel to this living area has blind corners. The heavy equipment snowblower parked on the travel surface of the R.O.W. has US AIRFORCE license plates stating "FOR OFFICIAL USE ONLY". The white car and white truck had no visible license plates...as required by law when traveling on public roads!






Thanks for your comments on this matter. It is great to see that other members are willing to step up and assist with an understanding of these pertinent issues to prospectors, miners and the general public that uses these R.O.W.s.

ASTROBLEME

[Clay Diggins]

Hello Clay Diggins,

Although I've never encountered the gate being locked, other people have recently and they have been ordered to leave USFS lands by the operator of the gate blockade.

This area isn't governed by the codes of the west. Park County has Roads and Bridges Regulations that are authorized by, inter alia, Sections COLORADO REVISED STAUTES 30-28-101 et. seq.30-28-133, 43-2-114 and 43-2-201.

2.1.5 C All roads over private lands that have been used adversely without interruption or objection on the part of the owners of such lands for twenty (20) consecutive years are public roadways.
2.1.5 E All roads over the public domain, whether agricultural or mineral, are public roadways.

ASTROBLEME

Thanks for the reply Johnny. I'm not arguing for or against the gate. I think that's a thing neighbors should work out among themselves if possible.

I included the above quotes from your post to seek some clarity and inject some sense of the reality of the situation into your law cites.

The gate is not on forest service managed lands. The land where the gate is placed is private land just as the rest of Lot 5. Whatever passersby misunderstandings may be there is no forest service managed land to be "ordered to leave" from. The land for miles further beyond the gate location are private.

The adverse use is a little tricky when you consider the facts. As the Sheriff implied there have been gates, cables and road blocks placed on or near that gate area several times in the last 20 years. That might just fulfill the part about the owner objecting to the use? It might be a little more than hard to prove continuous adverse use for any prior 20 year period. The public may or may not have a right to travel on that road but basing a public right on an adverse prescriptive easement is a tough row to hoe.

Since 1921 if a County wanted to make an existing private road public there are several actions they need to complete. Among those are a survey, title and deed research and a public platting and adoption by the County with full records and public notice/input. You should be able to locate those records at the Park County Recorders office. Getting certified copies of those records, if they exist, would put you in a stronger position to come to an agreement with your neighbor.

Since the placer patent on which the gate is installed was granted before the road existed it would not be a subject of the 1866 Mining Act public domain road grant (so called RS2477). That grant was only for roads across the public lands - not roads across patented private property.

Right of ways and easements (probably the same thing in Colorado) are a pretty involved subject. Just because there are statutes that agree with your assumptions doesn't mean that those particular statutes apply to your situation. Common law is sometimes more powerful than statutes due to the general nature of common law. I would suggest you try to work something out with your neighbor, it's always a better solution to come to an agreement rather than attempting to invoke the government police power to oppose your neighbors actions.

Private property rights are at the very foundation of this country. Here is the narrative from a very similar case in Teller County.

Darwin Floyd 1

Darwin Floyd 2

I hope that information helps you resolve your perceived problem.

p.s. The code of the west regarding gates is very much a part of Colorado law.

[ASTROBLEME]

Thanks for the reply Johnny. I'm not arguing for or against the gate. I think that's a thing neighbors should work out among themselves if possible.

I included the above quotes from your post to seek some clarity and inject some sense of the reality of the situation into your law cites.

The gate is not on forest service managed lands. The land where the gate is placed is private land just as the rest of Lot 5. Whatever passersby misunderstandings may be there is no forest service managed land to be "ordered to leave" from. The land for miles further beyond the gate location are private.

The adverse use is a little tricky when you consider the facts. As the Sheriff implied there have been gates, cables and road blocks placed on or near that gate area several times in the last 20 years. That might just fulfill the part about the owner objecting to the use? It might be a little more than hard to prove continuous adverse use for any prior 20 year period. The public may or may not have a right to travel on that road but basing a public right on an adverse prescriptive easement is a tough row to hoe.

Since 1921 if a County wanted to make an existing private road public there are several actions they need to complete. Among those are a survey, title and deed research and a public platting and adoption by the County with full records and public notice/input. You should be able to locate those records at the Park County Recorders office. Getting certified copies of those records, if they exist, would put you in a stronger position to come to an agreement with your neighbor.

Since the placer patent on which the gate is installed was granted before the road existed it would not be a subject of the 1866 Mining Act public domain road grant (so called RS2477). That grant was only for roads across the public lands - not roads across patented private property.

Right of ways and easements (probably the same thing in Colorado) are a pretty involved subject. Just because there are statutes that agree with your assumptions doesn't mean that those particular statutes apply to your situation. Common law is sometimes more powerful than statutes due to the general nature of common law. I would suggest you try to work something out with your neighbor, it's always a better solution to come to an agreement rather than attempting to invoke the government police power to oppose your neighbors actions.

Private property rights are at the very foundation of this country. Here is the narrative from a very similar case in Teller County.

Darwin Floyd 1

Darwin Floyd 2

I hope that information helps you resolve your perceived problem.

p.s. The code of the west regarding gates is very much a part of Colorado law.

Clay Diggins,

Thanks for giving me an opportunity to provide clarity for you in this matter.

First, let me correct you on the roadway. You say "The land for miles further beyond the gate location are private" but in fact, the road crosses public lands in several locations on the way up to Mosquito Pass. The first such crossing is onto USFS public land about 3,250 feet from the new gate/blockade.

Contrary to your statements ,there is substantial acreage of USFS land in Sections 7, 8 and 18 of Township 9 South, Range 78 West of the 6th Principal Meridian. The old cable gate was on USFS land. The green pipe gate and blockade is on the Park County Road Right-of-Way. When I was told I was trespassing by the London Mine security guard about a year ago, I made him aware that we were standing on my Mining Claim situate on USFS land. That didn't matter much as the owner contacted me later and threatened filing of trespassing charges. That forced me to file complaints with the federal, state and county governments that manage that area. I was advised that the 696 roadway went back to 1876 and it would remain open for public access. The problem seemed to be solved until very recently when reinhold posted his concerns about being forced to leave USFS lands on the Tonko #1 Mining Claim.

According to Park County Public Works;

"There is no parking or storage allowed of any vehicle, trailer, boat, or any type of property or material, including building supplies, trash cans and dumpsters, in the right-of-way of any public road or on any public property in Park County. Vehicles or other property in the right-of-way may be removed at the owner’s expense. The County is not responsible for any damage to property placed in the right-of-way."
and
"Unauthorized signs may not be placed within the right-of-way of any public road in Park County, nor on any public lands. This includes, but is not limited to, any commercial signs advertising goods or services, real estate signs, political signs, yard sale signs or any sign not authorized by Public Works and the Manual of Uniform Traffic Control Devices. Any unauthorized signs found in the right-of-way will be removed and disposed of. Public Works will not store any signs pulled from the roadside."