Claim Jumpers From Idaho

[2Valen]

5 hours ago, fredmason said:

.it is stupid to advocate shooting some one

I agree and if anyone thought that I would do that is missing the humor in what I had said.

It was meant jokingly and it is sad that people have to put up with thieves today.

However if someone did come into my home and I had to protect myself they would not walk out on their own.

[2Valen]

14 minutes ago, kiwijw said:

Does that mean you would walk out with them holding their hand? 😂

No it does not mean that at all, but they will not be walking out.

[IDMineralSurveys]

Defending one's family directly in your home is no joking matter - and having been in that situation more than once where i live, i do not take it lightly and am further thankful I've never yet had to go that last step while protecting my wife/kids (though prepared to if necessary). 

This topic was about claim jumpers... which leads to another slice of the conversation in that claims filed in the public domain and which are not patented are not in the same realm as those that are under current patent. The public can camp on, walk-hike or drive through, cut firewood, hunt, fish, enjoy public legal uses of etc. on un-patented  claims so long as they are NOT interfering with the mineral rights of the current claim holder. An example - I've had many people ask about the process of surveying and filing a claim so that they can "build a little cabin by the cute lake" that they can call their vacation home! Sorry, that's not how that works - it's still public domain and you cannot build such without proper authorization and permits or you are in direct trespass against the public. Hence, 45% of my government surveys were for boundary trespass cases bound for court or SUP's.

Patented claims are not the same in that they are granted and withdrawn from the public domain. Trespass applies here. Some reversions and trades occur also which change the status of rights... thereby the impotance to investigate status prior to prospecting.

Idaho's trespass law did change in 2018 and does affect much of my work process as a public official -- our attorneys are working towards corrections to the language (hopefully) in the future because the pendulum swung way over the point of reason. I am constantly reinforcing access rights these days through agreements and easements - very costly and time consuming. Point of it is that landowners (self included) wanted some clarity in the law regarding personal real property laws.

These are all separate conversations in themselves... very broad subject that can easily get off the track of mineral rights.

[bado1]

4 hours ago, IDMineralSurveys said:

Defending one's family directly in your home is no joking matter - and having been in that situation more than once where i live, i do not take it lightly and am further thankful I've never yet had to go that last step while protecting my wife/kids (though prepared to if necessary). 

This topic was about claim jumpers... which leads to another slice of the conversation in that claims filed in the public domain and which are not patented are not in the same realm as those that are under current patent. The public can camp on, walk-hike or drive through, cut firewood, hunt, fish, enjoy public legal uses of etc. on un-patented  claims so long as they are NOT interfering with the mineral rights of the current claim holder. An example - I've had many people ask about the process of surveying and filing a claim so that they can "build a little cabin by the cute lake" that they can call their vacation home! Sorry, that's not how that works - it's still public domain and you cannot build such without proper authorization and permits or you are in direct trespass against the public. Hence, 45% of my government surveys were for boundary trespass cases bound for court or SUP's.

Patented claims are not the same in that they are granted and withdrawn from the public domain. Trespass applies here. Some reversions and trades occur also which change the status of rights... thereby the impotance to investigate status prior to prospecting.

Idaho's trespass law did change in 2018 and does affect much of my work process as a public official -- our attorneys are working towards corrections to the language (hopefully) in the future because the pendulum swung way over the point of reason. I am constantly reinforcing access rights these days through agreements and easements - very costly and time consuming. Point of it is that landowners (self included) wanted some clarity in the law regarding personal real property laws.

These are all separate conversations in themselves... very broad subject that can easily get off the track of mineral rights.

Well said.

 

[MannyScoot]

On 3/15/2020 at 5:57 PM, afreakofnature said:

I agree Fred.  You really going to commit murder over 5 dollars in gold?  Cmon.  Take their picture and license plate, mark the location, call the police, have them arrested.  You can get more out of someone convicting them of mineral trespass vs murdering them.  SMH

It's true not worth shooting..... But in case you decide to .....please don't miss because it will be another piece of lead to detect ......

[GotAU?]

Hope you got some good photos because the land management agency of your claim could blame you for the environmental damage they caused. I would report it to them to protect yourself and your claim.