Jump to content

Recommended Posts

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.

 

  • Like 2
Link to post
Share on other sites

  • Replies 81
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Popular Posts

I will not only second that but I want to commend everyone who has participated in this thread. I watched as stuff like this can head off on a wrong tangent easily, with accusations, etc. The goal alw

This is disturbing to me Mitchel. I made that map and all it shows is who the land manager is and which sections have claims. The simple fact that the BLM is the land manager does not mean the land is

Barry, Thanks for your clarification.  It is humbling to know that my 'common knowledge' and research is inadequate and incomplete in this matter. I'll have to look at more than Land Managem

Posted Images

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.

Link to post
Share on other sites

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!

 

 

  • Like 1
Link to post
Share on other sites

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!

Link to post
Share on other sites

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

  • Like 3
  • Thanks 2
Link to post
Share on other sites

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. 

 

 

  • Like 1
Link to post
Share on other sites

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.

 

  • Like 2
Link to post
Share on other sites

From what I understand Newmont Mining owns the mineral lease on Section 19. 

The gold is technically theirs.  

That is why we see no claims on the odd-numbered sections.

I'll ask BLM Reno tomorrow and post the answer. 

 

Link to post
Share on other sites

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

  • Like 6
Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Similar Content

    • By oldmancoyote1
      A very useful recent post and comments on mining claims left me with the impression that the public can be excluded from mining claims by the holder. It's quite possible that I misunderstood what was written. Perhaps others were left with some doubt as well.
      The BLM pamphlet "Mining Claims and Sites on Federal and State Lands" reads:
      The Public has the conditional right to cross mining claims or sites for recreational or other purposes and to access federal lands beyond the claim boundaries.
      Technically, my post belongs in the previous mentioned post, but it would be buried and missed by many.  I hope Steve will permit it to exist as an independent post because of its importance to us all.
    • By GotAU?
      I’ve been curious about using the Bureau of Land Management’s MLRS site   https://mlrs.blm.gov/s/   to figure out where to go detect on open lands in heavily claimed areas, and I’ve noticed that it does show some “active claims” on the maps highlighted with red crosshatching, but it doesn’t show “active claims” in other areas at all. It’s strange because the map key includes a code for active load and active placer claims, in addition to closed ones. I’ve heard that it’s because BLM hasn’t caught up on the records yet, but does anyone know why otherwise? I hope it becomes available because that would be a wonderful feature instead of having to get records from their offices. 
    • By Goldseeker5000
      Does anyone on here know how to navigate the new BLM MLRS claims database, and how to navigate and utilize the features on the map program? It is supposed to be alot easier than LR2000 which is gone now. Perhaps a video on here would be good for everyone. It is still confusing.
    • By chuckwalla
      I've been considering the idea of buying a patented claim, but I'm curious what property rights you have with such a claim: is is essentially indistinguishable from private property at that point? Am I allowed to put a fence around the claim and post 'no trespassing' signs? What about obtaining permits to build structures - is it done through the city/county just like with normal property?
    • By chuckwalla
      I'm going to be in AZ this weekend and I think I've found a good spot that allows for prospecting. Since it's my first time detecting, I wanted to make sure I've done my due diligence.
      The spot is Saddle Mountain, AZ. General coordinates: 33.445615°, -113.013318°
      I have verified that this is BLM land, and that it's not a wilderness area, and that it's not within a National Monument. I've checked on landmatters to verify that there aren't any active claims on the area (although there are historic claims, which I hope is a good sign). Is there any other research I need to do? I know there are some petroglyphs on the site, and I'd stay far away from those, but other than that, most of the mountain looks pretty open.
      BLM maps screenshot

       
      Land matters screenshot

    • By Clay Diggins
      As Land Matters does every new mining year we are offering for download our annual mining claims flow diagrams and written explanations of the annual BLM mining claim filing requirements. These filing aids have helped many claim owners wade through the BLM filing requirements.
      These popular PDF handouts are updated for the upcoming 2021 mining year (beginning September 1, 2020). Feel free to share and post these wherever you wish as long as you don't modify them and keep them intact with their copyright notices.
      Reminder
      The federal filing deadline this year for all mining claims is Monday August 31, 2020.
      Download the Free 2020 Annual Federal Mining Claims Filing Requirements
×
×
  • Create New...