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Mining claims location or patented, Placer, Lode, Mill site
ColoradoProspect...
post Jan 28 2010, 04:07 PM
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Mining claims are real property and can be sold, traded, or leased as with any real property.
There are several types of claims which should be discussed to teach the differences in not only ownership, but also how research varies because of status and what that means to you in the field as a prospector.

First there are patented (private land with deed) or location claims.
Again these are both real property but differ in the fact that a patented claim (filed as location originally), has since been perfected and patented giving the owner actual permanent deed with 100% ownership in the land.

Location claims are also private property in every sense, but the claim owner owns (has claimed) the minerals within that claim and has not perfected the claim to patent for a deed yet.

Within either of those catagories, there would have been originally for patented, or would be now for location claims, one of three different types of claims possibly filed originally. Lode, Placer or Mill site.

Lode claim - For hard rock mining ore bodies drifting or shaft type mining. Orientated with the deposit or dyke formation's direction and centered upon it. 600' x 1500' size (20 acres) and were in depths of 2000' each for some areas historically.

Placer claim - For aluvial glacial till areas and their related drainages/deposits where "placer" material (not in host postition) would have been re-deposited in favorable conditions by water, erosion, gravity, and or other geologic evolution. 20 acre limit each. Normal operations would be benches or pit operations in addition to water processes where locations favor.

Mill site claim - For use with either lode or placer claims to process material from that mine and or store equipment and supplies. Mill sites claims do not claim minerals under them but do contain mineral rights when patented.
5 acre limit each and can be non-adjacent to the claim being mined.

All three (Lode, Placer, or Mill site) could have been patented and are now deeded private land, or could currently be location claims within NF or BLM lands.

Research varies between patented/private land and location claims within national lands.
For private patented lands you'll need to check the county assesors office as each private land owner pays property tax each year and those records are kept there.
For location claims though, you'll need to check the clerk and recorders office as this will be where those records are filed.

You can also find claim information from the BLM's LR2000 database, but with time guideline laws written as they are for new claim filings, you'll find the most upto date information through the county offices on location claims. When you're finalizing your research for your own claim to stake and file, this timeline could make a difference if someone else had recently staked/filed in that area.

We thought this might make a good read/topic for those interested. There are many many more details involved with properly researching, staking, filing, and then working your own mining claim which we all can add in for the future discussion as time goes.

Having a good understanding of what to do in the field starts with the proper knowledge base, which reflects on your field operations and success. DIG IN!!

For those interested in learning more about the mining laws and regulations that uphold them, check out our Prospecting and Mining Laws, Regulations etc. section of the forum too.


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Mrs.CP
post Apr 25 2011, 07:05 AM
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Great info to know Dan, thanks! happy088.gif
I thought I would bump this thread back up for those looking for this kind of information about claims.

Knowledge is power!


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kmontoya911
post Apr 25 2011, 04:56 PM
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Please excuse my ignorance. I have not read much about claims yet, since I don't have any intention, yet, of persuing one. But, I have a question about something in the orriginal post. It states that location claims are private property in every sense.

Does that mean that a piece of national forrest or BLM land, that is calimed, is now off limits to everyone for other activities? No fishing, hunting or hiking on a claimed piece of NF land or BLM?

Thank you.


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ColoradoProspect...
post Apr 25 2011, 08:44 PM
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Good question to pose, many folks wonder the same thing.

Actually no it does not mean the claimant can restrict all access just because the claim has been staked and filed. It does mean however that if there are mining activities taking place that you may not use the claim or area being worked. Other activities could/would interfere with the miners work and create unsafe conditions for the recreationalist.

When there are claims filed but no mining operation work is being or has been done, then other folks may still use the claimed area for camping, fishing, hiking etc. (mining operations being larger digs, pits, tunnels, equipment, buildings etc-not hand carried equipment type digs)
Other folks however may not collect any minerals or samples (including surface finds) from the ground what so ever because the minerals have been claimed by the claimant.

Hopefully that helps clear things up for you a bit but post up more questions if needed.

CP


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kmontoya911
post Apr 26 2011, 03:24 PM
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Thank you for the reply. That is more in line with how I had originally thought claims worked, for those who don't have the claim. Recreation=ok, picking up rocks etc.=not ok.

I actually saw a posted claim for the first time two years ago while elk hunting, I was looking at a huge hill of broken quartz and wondering. Then I went arouund the other side and saw a sign stating the mineral rights were under claim, do not remove any rocks, minerals, etc.


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Hanael
post May 28 2011, 09:09 AM
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Dose anyone know what happens if it is found that a claim is over 20 acres? Also can someone operate a placer claim in the same area as a lode claim.


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OkieJon
post May 8 2012, 08:51 PM
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QUOTE (ColoradoProspector @ Apr 25 2011, 09:44 PM) *
Good question to pose, many folks wonder the same thing.

Actually no it does not mean the claimant can restrict all access just because the claim has been staked and filed. It does mean however that if there are mining activities taking place that you may not use the claim or area being worked. Other activities could/would interfere with the miners work and create unsafe conditions for the recreationalist.

When there are claims filed but no mining operation work is being or has been done, then other folks may still use the claimed area for camping, fishing, hiking etc. (mining operations being larger digs, pits, tunnels, equipment, buildings etc-not hand carried equipment type digs)
Other folks however may not collect any minerals or samples (including surface finds) from the ground what so ever because the minerals have been claimed by the claimant.

Hopefully that helps clear things up for you a bit but post up more questions if needed.

CP


Does this go for Patented Claims as well?


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ASTROBLEME
post May 11 2012, 06:29 PM
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Hello OkieJon,

When a claim goes through the patent process, the land ownership is transferred from the USA to the claimant. The USA may reserve some rights such as the right-of-way for ditches and canals. All minerals and surface ownership becomes private. A person wanting to collect minerals, prospect or mine would certainly need the permission of the surface landowner and if the minerals were segregated from the surface at some point in time, the mineral estate owner would also need to give permission as well.

ASTROBLEME


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ColoradoProspect...
post May 17 2012, 06:40 AM
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Thanks for posting up that answer Astrobleme. I believe the patent passes deed from the "public domain" though not the USA/gov itself as owner since they are not the owners......we the citizens own that land. When claims are filed, the claimant holds the claim from "the united states and citizens" as the law reads. If I'm remembering it correctly.

QUOTE (Hanael @ May 28 2011, 09:09 AM) *
Dose anyone know what happens if it is found that a claim is over 20 acres? Also can someone operate a placer claim in the same area as a lode claim.


For claims over 20 acres I'd imagine it to be an association claim. Each individual claim is limited to 20 acres or less, but associations can equal as much as 160 acres total. (8 claims/20 acres each)

Lode claims and placer claims can occupy the same ground (looking at a map) but the claims are completely different from one another as far as claim filing/type.


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ColoradoProspect...
post Feb 25 2014, 08:03 AM
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Some great information for review in this thread. info_grin.gif
Dig in, discover your independence!


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CP-Owner/Administrator
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IF YOU USE IT, THE GROUND PRODUCED IT!
MINERS MAKE "IT" HAPPEN!!



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