How Do You Deal With Claim Jumpers?

[bado1]

If it's an active claim with a NOI/POO then it's also an official work site. You can't go shooting into a factory or a business (even if it's night and closed) any more than you can shoot into a mining operation. At least that would be my assertion when I call the sheriff. I know some would argue that any claim is a work site by the same criteria, but don't convince me, convince the sheriff/blm. 

 

So again, it really comes down to what level of mining a person is involved in on the claim IMO. You also can't apply for occupancy or build a fence without an approved NOI/POO either.

 

At least until the day comes that we have so little crime in America that sheriffs can come out and investigate every mineral trespass call this is how it seems to me. The best response IMO is just to be friendly and respectful to people so they respect you back, and it seems like at that point people just sort of stay away and just ask you for permission if they want to go on your claim.

Yes, what level of "mining" are we talking about here?

If you are actively mining with heavy equipment and not just detecting or doing a little dry washing here and there then I can see where you would want to try and keep people off. We are talking actual "mining" not "prospecting", right? 

 

In Az., seems we have lots of guys making claims and just detecting or doing some occasional dry washing (prospecting) or nothing at all and they think they own the property... and do ridiculous things like pile rocks up, put spikes, or fence across roads that have been there for a hundred years.   

[Ridge Runner]

I don't give a warranty with this but worth a try.

  Collect snake skins from where ever you can get them. I do mean as many you can get your hands on. Then put them all over your claim and be sure to put one in the hole you've been working each time when you leave.

Worth a try

Chuck Anders. 

[Reno Chris]

and do ridiculous things like pile rocks up, put spikes, or fence across roads that have been there for a hundred years. 

I agree with your point for roads that go through a claim to someplace else or onto other areas for prospecting, but Rick's road is a dead end that goes only to his claim, and there are loads of other roads in the general area to other people's claims, so he would not be preventing anyone from getting places other than onto his claim,

[bado1]

That is different, Chris. I get that.

I think we are talking about different definitions of "mining".

[chickenminer]

 

I can't stand guys with claims that think that they some how own the land and do things that are very illegal trying to keep people off of "their" land.

 

 

  Well,

     As a 40+ year professional placer miner I have a few things to add to this discussion. Land status in Western states and mining districts

can be very complex !

   As a Federal claim holder I am fully aware of my 'rights'.

In 1955 the Surface Resources Act was passed. This act introduced the concept of "multiple use" and stripped away valuable surface rights

on Federal mining claims staked after '55. Pre- 1955 claims still retain those rights, including the right to deny access (with exceptions).

 

 Also, there is a very good reason why folks will hold on to a large number of claims. I don't particularly like paying $6,000 a year in

 Maintenance Fees or State claim rental but as a professional miner I know the value in doing so for the long run. It's the cost of business for future production.

 You don't just go out and stake a new "rich" claim when you worked out the old one.

 

 Not ever claim holder is a recreational metal detectorist.

 

 I don't enjoy reading statements like the quote above. Miners are getting hammered enough by Government agencies and

  "green" thinking for-a-cause people. 

  We certainly do not need fellow miners further eroding the few 'rights' we are managing to keep a grasp on.

[Rick Watkins]

Ya know whether i run an excavator on our claim which i may someday, or just detect and drywash doesnt matter to me right now,by the way the big mines are gonna scoop a lot of this up eventually anyway.

What does tick me off is people camping on and in the middle of your claim,when i pulled in my claim 2 days ago i spotted someone who never seen me untill i walked up to him strapping on my 357 i startled him and the reason for the gun was the SOB was cooking meth hid out 50 feet from where i work on load claim. I ran him off and took a good picture of his beat up dodge charger with a rack on top. Maybe he wasnt cooking meth but whats the Big pots all over his car used for. Winnemucca area watch for him.

Rick

[bado1]

Does camping, hunting, fishing, walking or hiking on a claim constitute "claim jumping"? I'm asking this as a serious question. 

 

Again, I can understand that if there is mining going on you wouldn't want people on the claim for their safety and your own liability reasons. 

 

What I (We. I'm not the only one) see a lot of here in AZ. is areas where there are claim markers on every ridge line, hill, gully,etc. for as far as the eye can see and nothing is going on (for years). VERY, VERY few actively working mines here anymore. Most of these are old claims that the claimant never bothered to go back and take the pvc markers down. It's a total PITA. Can we detect here or not? Is the claim still active or not? Is an over zealous prospector gonna pull a gun on me because I'm hiking across "his" land? (Yep, it happened. Wonderful "fellow miner"). I don't bring my computer when I go detecting so that I can check the LR2000 every time I see a forest of white pipes.    Not to mention that most people don't even know what the little white pvc pipes mean, therefore, they camp,etc.. If we couldn't camp or hunt in AZ. on claims we wouldn't be able to camp or hunt in much of the state. I may be wrong, I don't remember, but the little federal mining claim notification signs don't mention anything other than a person can't remove minerals from the claimed land(?). I'm guessing non-patented claims or the ones after 1955? Most claims don't even post the little sign...just the white pipes.  You would think that our fellow miners would have enough respect to remove the pvc when they decide they don't want to re-claim.

 

I'm not anti-mining. Quite the opposite. I want the casual prospector who claims up some ground to know where his rights begin and end. That's not anti-mining. Note that I said "casual prospector" not "miner". Most miners know their stuff regarding their claims and act accordingly. It seems, in my experience, (not good ones) the casual prospector turned claim owner doesn't.

 

 

Enough said.... Flame away.  

 

Dean

[Tortuga]

Claim holders just have rights to the minerals in the ground on their claim.

And yes, all the signs are a pain. Who knows if half of those are even paid up, valid claims. Anyone can buy those yellow signs online and post them up to scare people off their patch.

And a lot of people do hang onto claims for years and years without doing anything with them because they hope one day a big mining corporation might come along and buy it from them for a couple million dollars.

[Reno Chris]

Does camping, hunting, fishing, walking or hiking on a claim constitute "claim jumping"? I'm asking this as a serious question. 

Nope, it does not. As Dick pointed out, current claims are multiple use - and honestly the law requires that you allow non-prospecting uses like hiking, camping, fishing, hunting, etc. The only problem is that when people are making a mess on your claim - BLM and USFS normally holds claim owners responsible for messes and trash, no matter if you generated it or not.

 

I don't bring my computer when I go detecting so that I can check the LR2000 every time I see a forest of white pipes. .......

Again, I can understand that if there is mining going on you wouldn't want people on the claim for their safety and your own liability reasons.

The question is do you ever bother to check LR2000? Lots of prospectors cop this attitude that if there is a "real" mine with a fence, guards, employees and daily operations, then yes they will stay off (because they have to) otherwise, they couldn't give a rats behind if a valid claim exists or not - they figure themselves entitled to prospect wherever they want. I don't know if this applies to you or not, but there are plenty of prospectors who act this way. 

[bado1]

The trash problem is a good point. Slobs can spoil many things. Unfortunately, one of the burdens that a guy takes on when he becomes  a claim holder.

I own vacant land. If I don't keep it presentable, weed an litter free, I get fined. I understand the frustration but it comes with the territory. 

 

If I have any question in an area that I'm not familiar with I check the LR2000 or, more accurately, I ask my buddy to do it as he is very familiar with the process as it's part of his daily job.