Golden,Legacy,Placer,Gold,Clai education A Golden Legacy - Placer Gold Claims Explained

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Finding the Mother Lode! Striking It Rich! As prospectors, we allhave dreams of finding a bonanza while we enjoy the adventure of thehunt. The entire family can share in the fun of prospecting and findingthe elusive mineral.While there are numerous clubs and tourist attractions that offerthe recreational prospector an opportunity to look for gold on theirproperties, if you have a serious case of “gold fever” you will want topurchase or locate your own claim.Some people mistakenly believe that they can access any public landarea and start prospecting just because it's listed as public land.Think twice, because if you start mining on someone else's claim, it’sclaim jumping. Avoid legal complications, stiff fines and a lot ofgrief by always verifying claim ownership first.Owning ones own claims saves a lot of complications. The 1872 Lawallows prospectors to buy or stake a claim; an opportunity to create a"real property" asset that you can use yourself to mine gold or leaseit to someone else to work the claim for you.The Mining Law of 1872 directs the federal government's landmanagement policy. The law grants free access to individuals toprospect for minerals in public domain lands, and allows them, uponmaking a discovery, to stake a claim on that deposit. One must be aUnited States citizen to file a claim.The 1872 Mining Law provides that “The locators of all mininglocations made on any mineral vein, lode, or ledge, situated on thepublic domain, their heirs and assigns, where no adverse claim existedon the 10th day of May 1872, so long as they comply with the laws ofthe United States, and with State, territorial and local regulationsnot in conflict with the laws of the United States governing theirpossessory title, shall have the exclusive right of possession andenjoyment of all the surface included within the lines of theirlocations.”Mining claims are in either of two classifications, patented orunpatented. Under the 1872 Mining Law an unpatented claim gives theclaimant a property right interest to the minerals in/on the claim andthe right to utilize as much of the surface and its resources as isneeded to extract the minerals.The Mining Law of 1872 also establishes a process by which theclaimant may bring a claim to patent. When a claim is patented, actualownership of the minerals and the surface resources pass from theUnited States Government to the claimant. The 1872 Law states that oncea claimed mineral deposit has been determined to be economicallyrecoverable and a specified amount of work has been preformed, theclaimant may then file a patent application to both the mineral and thesurface rights.In 1995 Congress enacted a moratorium on the issuance of patents. Atthe present time new patent applications are not being processed,however grand-fathered applications will be processed. Legislature torescind the moratorium is presently in congress awaiting a vote andmany are hopeful that the patent application process will once again bean option.In the United States Supreme Court case of Wilbur v. U.S. (ex rel.Krushnic, 280 US 306) (1930). The Supreme Court ruled; “When thelocation of a mining claim is perfected under the law, it has theeffect of a grant by the United States of the right of present andexclusive possession. The claim is property in the fullest sense of theterm; and may be sold, transferred, mortgaged, and inherited withoutinfringing any right or title of the United States.”The right of the owner is taxable by the state; and is "realproperty". (State laws vary and it is prudent to be familiar with thelaws of the state in which a claim is located.) The claimant/owner isnot required to purchase the claim or secure patent from the UnitedStates. If a claimant complies with the provisions of the mining laws,his/her possessor's rights, for all practical purposes of ownership,are as secure as those granted by a patent. In essence, you own themineral rights and may use as much of the surface as reasonablynecessary for mining your property.If you are the owner of a claim you may chose to mine or not. If youelect to actively prospect, explore, develop and produce the propertythe United States Bureau of Land Management (BLM) must be notified andproper paperwork processed. If you are on federal or state managedlands, be sure to obtain all necessary permits prior to commencingoperations. If you plan to actively mine or not, maintaining ownershipof your mining claim also requires the filings of the applicabledocuments and payment of fees annually with the BLM.Ownership of a mining claim comes with some restrictions. Allstructures, fences, signs, roads and any man-made changes on the miningclaim, must be reasonably incident to mining and included in a Noticeor Plan on file with the BLM. If you wish to park an RV, trailer or setup camp on the claim and stay longer than 14 days, this request must beincluded in your plan of operations. If you are actively working theclaim there are no restrictions; however, if your usage is strictlyrecreational, the 14 day rule may be enforced. If one chooses toactively mine his/her claim, the claimant is allowed to live on theproperty and may build temporary (and in some cases...permanent)structures if application is made with and approved by the BLM.The primary purpose of a mining claim is to mine; however, a claimmay be used for off-time recreational purposes. You may hunt or fish onthe claim; however, be sure to have a state license or permit. A miningclaim can also be an excellent base camp for ATV, horseback orsnowmobile explorations.The BLM requires an annual maintenance fee to satisfy assessmentrequirements. Actual labor can be performed as well to meet theassessment requirements. There also exists a small miners waiver whichapplies to claimants owning less than 10 mining claims. Once approvedthe Small Miners Exemption must be filed annually.Wishing you success in your quest and may your pan always glitter with gold.