Attached is a graphic I made of an area I'd like to spend a day classifying out some buckets...see "Target Area" in green. The BLM land, with a highway running through it, is gated and posted as "Active Mining Claim, No Trespassing". But it was my understanding that claim rights are for the minerals in that ground, not for sole access to public ground as is presented in this case. Is it not legal for me to drive down to the river directly, or at least park with the other vehicles (beyond gate)? I could access the target via either of the State sections in pink, but I feel like I'm missing something here with regard to the BLM. Anyone have some insight for this here greenhorn? Thanks much.
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Well, bad news, good news and the best news. Bad news, the river came up a ton and the gravel bar is well below water. Good news, I wouldn't know that unless I'd been there. Best news...the claim holder was awesome, invited my in, offered me a bucket of his pay dirt and said to come back anytime. What a TOP NOTCH first experience 'on' a working claim...and heck, I even panned out some color (pics soon).
Regarding the 'No Trespassing' signs, it makes much more sense now. Between the highway and the claim is a train track. The rail company posts the trespass signs, while the claim holder only has signs stating 'Active Claim...', 'Heavy Equipment...', etc. As it relates, a local mining event was held there at some point and apparently both the BLM and MT DEQ used aerial photos to come down heavy on the use of motorized equipment, from 4-wheelers to high bankers is my understanding. That mess then apparently became a liability insurance nightmare, so to keep it simple and legit, the trespass signs are posted by those authorized to do so and he honors the exceeding requirements which allow him to stay on the claim.
But as for the good guys...despite overbearing regs, insurance and an active rail line, that old experienced miner looked out for this green miner and the great cycle continues. My appreciation is immense; many thanks M.R. for tipping your hard hat my way.
Apologies for my delayed reply, but I appreciate the additional info, very helpful. I had to make an unexpected trip and have not had a chance to contact anyone or visit the area again, but plan to within the next week and will post any updates on access.
sounds like you are brave I cant tell wich way the water is going but it looks like It might be the wrong side of the river or corner if its moving left like it appears but as far as parking where them is workin you better get a dog to watch your truck or you might need to get a new computer
The river is moving left-to-right in the photo, I'm interested in sampling the dropout zone on the leading edge of the gravel bar. It's a big, deep river and limited gear prevents me from playing too far from a solid foothold. Security isn't a big concern here, believe it or not. Sure, I wouldn't leave gold on the dash, but the vast majority of MT locals are as honest as they come.
A claim holder can not bar access to the public except for the immediate area of mining. A fence may be erected near pits, portals, equipment etc... and may be posted with "keep-out", to keep the public from interfering with the operation, or getting hurt, or vandalizing/stealing, however "No-Trespassing" signs are not legal. And the entire claim boundary can not be fenced unless the entire claim is an active pit, etc... A sign that states:" No Mineral-Trespassing", or "Mineral-Trespass Prohibited" would be legal since ANY collecting of minerals from someone else's claim is considered to be illegal "Mineral-Trespassing".
There is an exception to the above, though very rare these days, and that is a pre-1955 claim. That is, the mining claim has to have a continuous chain of title going back to Sept. 1955 or before with no gaps in claim status. In that case the claimant has full surface rights and may fence the entire claim, and use any timber on the claim for mining related purposes.
I used to own two pre '55 claims, but went through an unfair and incomplete BLM "validity exam" and other unfortunate hassles some years ago and my claims were denied then withdrawn. The withdraw expired and I eventually got the claims back, but lost the pre-1955 status. I could have won the rights back in court, but didn't have the extra $100,000, t0 $200,000 in attorney fees, nor the time and willingness to deal with the "brain damage".
The public is allowed under almost all circumstances to recreate or hike through a mining claim as long as they are not a nuisance to the operation.
I've posted my road in to my claim with "WARNING MINING EQUIPMENT" but I can't post no trespassing.
I believe they can post no trespassing notices in active mining areas to keep people away from dangerous areas (holes and steep banks) and operating equipment. How big the "safety" areas can be isn't defined and a lot of companies take it to mean their whole claim.
Your best bet would be to talk to them and gently remind them that they don't own the land, only the minerals. It looks like there are roads on their claim so they might even give you drive across their claim so you can park close to the target area.
If that doesn't work, the map looks to show that you can park with the other cars, walk along the road to the public access area, cross it to the river, then walk along the shore to the target area. Good luck.
Thanks for all the great input guys, very helpful. LR2000 says both the State and BLM sections are claimed by the same individual, and they're not Patented, so I'll first try to make contact with the holder. Probably hit up BLM just to get 'their latest' on what's allowed and not also. Worst case...I float to the gravel bar and anchor. lol Thanks again!
Its the same on F/S land . I can post just my equipment and trailer but not the land it sets on.
I would call BLM and get it from them. Who knows any more. Rules change by the minute and you should know here in Montana the good ol boy club is pretty darn active
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