filing a prospector claim in New Mexico on B.L.M. land??

[rootdigger]

I see on ebay that people are selling prospector claims in New Mexico, with no directions or the laws on them either, anyone know where I could get info. on legally filing a claim and the laws governing that claim, also, can one metal detect on B.L.M. Land and file a claim if ranchers are using it for the cattle ?? Thanks! And I do know the gate law! lol..

 

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[mrs.oroblanco]

On BLM land in New Mexico - yes to the claim and the prospecting.

You really, really, don't ever want a state claim in New Mexico - they are more headache then they could ever be worth. But, BLM is BLM. Goes by BLM standards. A lease for cattle only gives the grass and access to any water. They cannot stop you from entering, camping or anything else that is allowed on BLM land.


http://www.blm.gov/nm/st/en.html


That is the New Mexico BLM site.

Beth


PS: geocommunicator can give you an idea if the claims are legal, etc. You will need the claim number, hopefully the owners name, and when you search, whatever comes up, you can open and see when it was claimed, etc. BUT, sometimes they don't keep up with the info very well.
You can go to the BLM office and check their records also.

Also, here is their mining site:

http://www.blm.gov/nm/st/en/prog/energy/solid_minerals.html

 

[Springfield]

On BLM land in New Mexico - yes to the claim and the prospecting.

You really, really, don't ever want a state claim in New Mexico - they are more headache then they could ever be worth. But, BLM is BLM. Goes by BLM standards. A lease for cattle only gives the grass and access to any water. They cannot stop you from entering, camping or anything else that is allowed on BLM land......

Re State land, you are correct - stay away! The laws were written back in the '50's to accomodate the uranium industry when the land was more or less divvied up between the big boys. There's no room for a small miner on NM State land.

Re BLM land, well ... yes and no. If the BLM land you covet has no access restrictions, you are essentially free and clear. However, if your only viable access is blocked by a rancher's locked gate (his legal right), the story changes. You can obviously complain to the BLM, county sheriff, etc., but compelling the rancher to allow you in is another story, particularly for 'prospecting'. You are correct about the claimholder's rights and limits and the grazing leaseholder's rights, but ... getting access through that locked gate depends on the status, money and connections of the claimholder vs. the status, money and connections of the rancher. In theory, the claimholder 'wins' the dispute of course, but in reality the actual results are often different. A friendly visit to the rancher prior to any claim-staking is well advised to determine which way the wind will blow for you. Take it from one who has seen the movie and the reruns.

 

[mrs.oroblanco]

Springfield is right.

Many a locked gate, in NM and across the southwest, is a PITA. They aren't actually legal, but, they do get away with it. We have it here in South
Dakota, and in Wyoming, and there are tons of locked gates in Arizona, too.

A visit to the rancher is a good idea - however, if that doesn't work, there are legal ways to gain access. (assuming it is BLM land).

Note to the wise - leave a gate exactly how you find them - that is one of the reason for locked gates - folks leaving gates open and cattle wandering away, only to "pair up" with other herds, or worse, getting hit on roads or killed, and I can tell you from personal experiences - it is a PAIN, rounding up your cattle out of another's herd. Not to mention the fact that the BLM controls the leases extremely tightly. If there is one
cow/calf pair on land that isn't suppose to be there, you can get fined and lose all your leases. So, ranchers are picky about those kinds of things.

As far as state land - we had one deal, and one deal only, with New Mexico state land. How surprised I was that, after prospecting, assaying, marking off, paying for a claim, that the state of New Mexico then takes your claim and sells it to the highest bidder in a public auction. (HMMPF),

For uranium claims, I can see that - but......................they do it for all.

Beth

 

[snakejim]

YOU CANNOT FILE A MINING CLAIM ON NEW MEXICO STATE OWNED LAND. YOU MUST LEASE IT FROM THE STATE.

 

[mrs.oroblanco]

Well, even the Feds call it a "lease" now.

But, truth be told - you really don't want a mining claim on New Mexico state land anyhow, anyway - anywhere.

New Mexico statutes for ALL kinds of mining on state land, are unbelievably ridiculous.

Beth