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Rye Patch Claim Jumpers?


Rail Dawg

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Every claim in Sections 08, 18, 20, 24 and 30 I know are fully claimed.  

The odd-numbered sections are privately owned and Nevada Law does not require owners to post No Trespassing signs.  

We as prospectors are obligated to find areas that aren’t claimed or privately owned.  

To not do so earns one the title of Claim-Jumper or Trespasser.  

MyLandMatters.org is a great place to do research as is LR2000.

 

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5 minutes ago, Rail Dawg said:

Every claim in Sections 08, 18, 20, 24 and 30 I know are fully claimed.  

The odd-numbered sections are privately owned and Nevada Law does not require owners to post No Trespassing signs.  

We as prospectors are obligated to find areas that aren’t claimed or privately owned.  

To not do so earns one the title of Claim-Jumper or Trespasser.  

MyLandMatters.org is a great place to do research as is LR2000.

 

Spreading misinformation helps no one.

Being a land owner in NV I am well aware of the trespassing laws. 

I posted the actual law. Long story short, if it's not posted by a few different means . It's not trespassing.

 

NRS 207.200 Unlawful trespass upon land; warning against trespassing.

1. Unless a greater penalty is provided pursuant to NRS 200.603, any person who, under circumstances not amounting to a burglary:

(a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act; or

(b) Willfully goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass,

is guilty of a misdemeanor. The meaning of this subsection is not limited by subsections 2 and 4.

2. A sufficient warning against trespassing, within the meaning of this section, is given by any of the following methods:

(a) If the land is used for agricultural purposes or for herding or grazing livestock, by painting with fluorescent orange paint:

(1) Not less than 50 square inches of the exterior portion of a structure or natural object or the top 12 inches of the exterior portion of a post, whether made of wood, metal or other material, at:

(c) Fencing the area; or

(d) By the owner or occupant of the land or building making an oral or written demand to any guest to vacate the land or building.

3. It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.

4. An entryman on land under the laws of the United States is an owner within the meaning of this section.

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I see your point about trespassing.

In the law you posted I see in the first bullet points:

"1. Unless a greater penalty is provided pursuant to NRS 200.603, any person who, under circumstances not amounting to a burglary:

(a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act; OR

(b) Willfully goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass,is guilty of a misdemeanor.

The meaning of this subsection is not limited by subsections 2 and 4."

Just going on the land is trespassing (an unlawful act) as is the taking of minerals (another unlawful act) with or without signs or warnings.

It still doesn't seem right to go onto someone else's private land without permission but maybe that is just me.

If one takes the landowners minerals can they also take their cattle?

Where is the line drawn?

I won't do it as I see it as unlawful.

As long as folks are aware that most of Rye Patch especially 08, 18, 20, 24 and 30 are all claimed up and they should not prospect there I'm cool.

It's up to Newmont if they don't mind trespassers I won't fight that battle for them.

That's all I've got thanks for the good discussion!

 

 

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It's very easy to get access to a majority of the claims at rye patch. I would start with buying a pizza. It's a good place to meet new people and learn about prospecting. If you come across anyone that actually spent time near your claims buy then a beer and pick their brain. Almost everyone is friendly and loves to tell stories. 

 

Good of luck and find a fatty!

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Rail Dawg,

I was in Rye Patch last week.  I did extensive research before I went.  I took the time to walk to many of the section markers (corners) on section 17, 19, 9 and a few others.  I saw claim markers in some areas and did not go into your section 18.  There is a lot of unclaimed ground out there.  I might want to file a claim! 

I for one think that if you pay for a claim you should have the right of enjoyment. (I think you should also display signage which many do.)  I try to make sure of the quarter section of any claim so that I am not jumping.  My phone GPS now has the sections marked.  For some miners/prospectors this is too much trouble.  We know they violate decency in addition to mining laws.  They don't fill their holes no matter the claim status.

Let's get to the maps and the Land Manager status.  If you look on My Land Matters and any other mining map that is current I suspect then you will see the Land Manager Map.  Please note that there is NO PRIVATE LAND in 32N 32E.  All land is BLM or Bureau of Reclamation.  You can see the total placer claims and lode claims in the other sections.  In many cases the total acres claimed within those sections is less than the total acres in the section.  Sections 17 and 19 (in the middle of the area we are talking about) have no claims.  Nothing in 32N 32E is private land.

I don't know what the Pershing County Sheriff can do when I show him I'm on BLM land in section 17, 19 or others, do you?

Mitchel

 

FireShot Capture 003 - Nevada Mining Claims - http___www.mylandmatters.org_Maps_ClaimsNv_GetMap.png

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My understanding of the area is this. 

 

Odd sections are owned by the railroad. Even sections are BLM/public. However I hear some of the blm land sold and so did the railroad land  

Big mining company "XX_mining etc "  buys up claims and sells/leases them on ebay or other sites. Rinse and repeat. 

 

Basically. If it's marked stay off unless you have permission. 

I suggest learning to prospect before getting a claim. No point in owing a claim if you can't get the gold. Or use the LR2000 find out who owns section 19&17 lease the land and run everyone off! Then detect for a year to find a few nuggets lol. 

 

Years  ago I heard a story about a guy that bought a claim at rye patch.   Spent a bunch of money on equipment, etc. pushed large areas with his tractor. Didn't find very much. He convinced himself that "everyone" took all his gold. He left broke. But b4 he did he threw thousands of BBs all over his diggings. 

 

 

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The map above is the status of the area today.  What it means to me is that I can go into any open section or any unclaimed area in that map and prospect and locate gold legally.  Just as a miner's claim is protected my right to prospect open land is also protected.  I am protected by the mining laws and BLM.  If they didn't want me on the land then they could change the land status to restricted but they have not.

 

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Rail Dawg,

I met you and your Brother at the Pizza Joint at Rye Patch, a week or so back.  You swing AT Pro detectors.  99.9% of Rye Patch detectable Gold is long gone for that metal detector!  You seem to be blaming all the Claim Jumpers for taking your Claims Riches.  Thousands of people enjoy Rye Patch for the relative easy access to hunt for a nugget.  Being a Past and Current Claim owner, it’s a job with all the paperwork, checking your corner markers, etc.  Most folks, don’t understand Sections of land like Section 8 or 18.  Nor, do they understand claims!  Here is what I’ve done in the past with folks wondering onto my claims.  I tend to put up more signs than just corner signs, I know you only have to have your corners marked.  But, most folks don’t know that, especially, when your other corner marker is over a hill or out of sight.  I’d also, have with my paperwork, a map of the Claim at each corner. Again, most folks don’t understand coordinates, SE Corner of Sec 8, etc they are just out in the woods or desert to spend a day with Family or Friends.  Your claims in the past 25 years have been detected by some of the best in our hobby.  I’m sure there is a few left for you and your Brother to find and to enjoy our hobby with others!  Here’s to your success 

LuckyLundy

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