Jim_Alaska

A hard core detectorist for sure. We didn't get any of your snow down here in Yreka, but could see it on the hills above town. It was all rain down here.

Nice job.

On 2/24/2015 at 8:02 PM, tvanwho said:

I am confused Jim? I thought under present law, we could only get non- patented claims which cannot be had with a deed? How would you get a claim under present law and have it converted to private property? Jim,what do you mean by perfected ? I'd actually prefer a claim in my permanent possession  so the govt can't kick me off of it, if the gold is good...

 

-Tom V.

Tom,

I am going to copy and paste information that should answer both of your questions.

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The discovery of a valuable mineral deposit within the limits of a mining claim located on public lands in conformance with state and Federal statutes validates the claim. The classic statement of a mining claim as property is found in the U.S. Supreme Court case of Wilber v. rel. Krushnic, 280 US 306 (1930):

When the location of a mining claim is perfected under the law, it has the effect of a grant by the United States of the right of present and exclusive possession. The claim is property in the fullest sense of that term…The owner is not required to purchase the claim or secure patent from the United States; but so long as he complies with the provisions of the mining laws, his possessory right, for all practicable purposes of ownership, is as good as though secured by patent.

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In Nancy M Swallow, supra, the Board summarized the law concerning the segregative effect of a valid mining claim: “…As the Court stated in St. Louis Mining & Milling Co. v. Montana Mining Co.,  171 U.S. 650, 655 (1898):

Where there is a valid location of a mining claim, the area becomes segregated from the public domain and becomes the property of the locator. Such segregation amounts to an appropriation of public land to private use so far as subsequent competing entries by others.”

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Under the Mining Law of 1872, it not only authorizes, it also reveals the various stages of the granted right to mine and uses reasonably incident thereto. The Cadastral surveying is based in this law; however to complete the patenting process, the citizen is required to hire the surveying of the boundaries of his location (30 USC 28-2 & 39). Entering, prospecting and occupation begins the process to find the valuable mineral deposit (30 USC 22); when it is found, it is located by placing monuments and it is filed with the county, where found, and it is filed with the BLM state office (Section 28  and 28(a) through (f)). These actions appropriate the land from the public domain to private use (30 USC 26). It is BLM’s job, when necessary, to certify or validate the mineral deposit and the Forest Service is required to relinquish the land; the mining location is property and as such it can be re-conveyed by transfer of deed to any other person by inheritance or by other instrument.

Minerals have always been classified under "Locatable" under the mining law. To allow them to be included under "Leasble/Saleable would be a grave injustice.

If we allow this to take place only history will record the error of our passive attitude.

The mining law of 1872 is a grant from the Federal Govt. to the citizens of this country. Under it the most important thing we will lose if we let it fall under leasable/saleable catagory will be the conversion of a claim to private property.

As the law stands now, once a claim is perfected it becomes private property and is removed from Public Domain.

It's the "camel's nose under the tent" syndrome.

I have known Steve for a very long time. In that time I have not spent as much actual time with him as I would like to have. We both resided in Alaska, but with 400 miles between us. His knowledge and willingness to share it with others has always been his strong point.

He does have one annoying habit though, at least to me. He has this habit of coming along behind me by a few feet and finding nuggets I missed. 

I've never had the good fortune to find anything of value at old mining sites, but I still like to try.

When I was still in Alaska someone told me that old mining cabin sites are good too. He specifically mentioned to not forget about the cabin itself. Like under any floor boards, or even the dirt floor itself.

He was careful to mention that many times those old timers hid their gold until they could sell it. One place he mentioned I had never thought of. He said be sure to detect the logs themselves, especially the bottom one. Some old timers would chisel a square hole in a log, hide their stash, the plug the hole up again. Some just dug under the bottom log and burried it there. I always make it a point to detect the cabin itslef carefully.

I have never found gold or other valuables in this manner myself. But one time while trapping I parked the sled and stepped down into a little creek to make a set. There was a large spruce tree on the bank and when I turned around I found a square hole had been cut into the base of that tree. The hole was open and nothing inside, but I am sure that something was put in it at one time.

Anyway, just for what it's worth. You might just get lucky.

I don't wanna be a happiness killer but the most important nuget I've found in my entire life was a couple of gold teeth inside the skull of a German Soldier in the Huertgen Forest ... you guys make me sick ... hehehehe

Well, miners are famous for saying that "gold is where you find it." Your post proves this beyond any shadow of doubt.