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Claim Validity Question


WesD

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Guys, what is the validity of claims not filed annually at the county level? I have seen a few claims that are current at BLM, but the owners do not file  notices of intent to hold, or affidavits of assessment work at their local county recorders.  My understanding was the county level recording is just as important as the BLM filing, yet some people seem to only file their annual renewals with BLM. What gives?

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You are 100% correct. Along with either the miners exemption or Maintenance fee you must also file assessment work with the BLM and also have that original paperwork recorded at the County recorders office......First part is due by Sept 1st and last part is due by Dec 30th. 

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The claim could possibly be invalid.  But from personal experience, I have had my county misfile my paperwork for 2 years in a row before I caught it and it appeared I hadn't filed my assessment.  Actually have had the BLM do it once too on a location notice.  So I would do a little more in-depth search if you were planing on filing on it just to be safe.

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A record of public notice (usually with the County Recorder) as well as an FLPMA filing with the BLM is required for every year you intend to hold a mining claim location. Fees paid do not change that requirement.

Here is the text and a link to the Federal laws on mining claims. This applies to all Mining Claims on the public lands.

"43 U.S.C. §1744. Recordation of mining claims

 

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(a) Filing requirements
The owner of an unpatented lode or placer mining claim located prior to October 21, 1976, shall, within the three-year period following October 21, 1976 and prior to December 31 of each year thereafter, file the instruments required by paragraphs (1) and (2) of this subsection. The owner of an unpatented lode or placer mining claim located after October 21, 1976 shall, prior to December 31 of each year following the calendar year in which the said claim was located, file the instruments required by paragraphs (1) and (2) of this subsection:

(1) File for record in the office where the location notice or certificate is recorded either a notice of intention to hold the mining claim (including but not limited to such notices as are provided by law to be filed when there has been a suspension or deferment of annual assessment work), an affidavit of assessment work performed thereon, on 1 a detailed report provided by section 28–1 of title 30, relating thereto.

(2) File in the office of the Bureau designated by the Secretary a copy of the official record of the instrument filed or recorded pursuant to paragraph (1) of this subsection, including a description of the location of the mining claim sufficient to locate the claimed lands on the ground.

(c) Failure to file as constituting abandonment; defective or untimely filing

The failure to file such instruments as required by subsections (a) and (b) of this section shall be deemed conclusively to constitute an abandonment of the mining claim or mill or tunnel site by the owner;"

Claim validity can only be determined by a court of law. Prospectors and subsequent locators have no right to independently determine the validity of a mining claim. Should you feel that a mining claim is invalid you have the right to make an adverse location, file and serve suit on the senior locator within 30 days and prove in a court of law that your adverse junior claim is valid. That's a tough row to hoe because courts are traditionally very lenient with the method and execution of public notice by a claim owner in possession.

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1865 Mining Act

That no possessory action between individuals in any of the courts of the United States for the recovery of any mining title, or for damages to any such title, shall be affected by the fact that the paramount title to the land on which such mines are, is in the United States, but each case shall be adjudged by the law of possession.

 

The process of attempting to prove an adverse claim based on paperwork alone is known as claim jumping. The courts hate claim jumping. An unsuccessful claim jumper may find themselves subject to charges of criminal mineral trespass. After all by publishing your mining claim location you are declaring you have discovered valuable minerals within the location. If your junior location proves to be invalid you have already admitted on the public record evidence of your trespass. Tricky business.

So is the claim valid? There is only one way to find out ...

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