If you have a placer claim and find a vein can another person file a load claim on top of your placer claim and take the vein? And what about the other way if you have a load claim can someone file a placer on top of it? I never thought about it till I overheard a miner talk about it.
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I would say no because you are filing a mineral rights claim and if you have the mineral rights, no one else should be nosing around.
Bill you work at 16 to 1? sure looks like the lode I saw there.
no but itz the same vein structure just to the south
Question: Can a Placer Claim File OVER a Lode Claim 1500' x 600' ?
you cant overfile eather way unless u own it or allow others to look
>PORK CHOP i think the laws came out of eather of my 2 fav law books mining law by terry maley wich is ritten in laymens terms and the other is rockey mountain mineral law by matthew bender & co
The reply left by David Kitchen is the RIGHT one!
"Permalink Reply by David Kitchen on Monday
according to the blm manual for california, the supreme court ruled that a person has no right to enter upon a valid placer claim to search for lode without the express permission of the placer minning claim claimant. clipper mining company V. Eli mining and land company, 194 us 220(1904)"
As is the page posted by "Bill" JPG 95 where it says that a placer locater has "all mineral rights" on AND BELOW.
For someone to come upon your claim for the purpose of "discovery" of a lode claim is trespassing and claim-jumping.
The only case where one claim can be located "OVER" another is placer over(after) lode. And even then, NOT of the area within 100' radius surrounding a tunnel or other entrance to the lode claim. The lode claim holder also retains equal access rights to his claim. Also a placer cannot trespass(remove materials) from the lode claim and visa versa.
Bill, please cite references to where you get your info from. It is up to each individual to "DO YOUR OWN DUE DILIGENCE" to find out the regulations that cover your own activities.
FURTHERMORE, I find it hard to take ANY advice from ANYONE who even suggests violating laws and regulations:
As posted by "Bill" in the California Diggers"
"
Comment by Bill 7 hours ago
well iam ready to go dreging since i cant get a permit i gess i dont have to worry about what zone iam in LOL any other outlaws up for some fun"
It is prospectors like these who give the rest of us honest prospectors a bad name in the eyes of the public. Just making a statement like this in public is more stupid than referring to ourselves as "recreational", I am a "Small Scale Miner" prospecting for gold to make a profit NOT as a hobby!
Steve "PorkChop" George, Former Vice-President, Route 66 Gold Miners, Inc., a GPAA Chapter
I am glade i finelly found some one that hasent broke any laws in there life or are u just judgeing me from on top of your sope box. It must be hard liveing as a spineless sheepel .we will pray for you there is hope.
and the last 2
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only if its yours or u allow some one to look
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