I've been Claim Jumped!

[Asmbandits]

Where to begin.. So I filed my placer claim back in 2016, Its filled correctly both with the blm and county and has been kept current. Here are some photos of my signs I put up in 2016 and my discovery monument which I made a placard with the claim info on it. The capped pvc pipe contains the location documents.





It has been quite a while since Ive been up to the claim, I like to go after the first big storms to see if anything has changed. I made it up there today with a couple friends and when we first arrived and walked by the location monument I noticed the placard was gone, screws that held it still there... The pvc tube with the location document was there, I looked inside and saw paperwork... ( I wish I would have looked at it now but didn't at the time..)

We explored and detected around as usual, found some gold. I had just figured some A hole took the placard for god knows what..I didn't think much of it other than it sucked until on our way out I walked past one of my claim signs on the trail and saw that someone has blacked out all of my info and put new info!! I immediately recognized the claim name as one I had seen the night prior as I was checking into mylandmatters to see what has changed around my claim, I noticed that there seemed to be some new claims in an area that seemed too small for that acreage.. Now I know why, it was all coming together as I stared at my claim sign..

This genius not only top filled over my claim, which is filled correctly and marked correctly and always maintained and fees paid, he just decided to use my signs and monument while hes at it! I didn't even think to check the pvc tubes documents until riding home, I bet he removed my papers and put in his, and that's why he just removed the placard...

Here is what I found..



Now this happened for two reasons, first is that the idiot did not do the proper research and did not check with the county. This would have made up for the second reason, which was the blm when entering the info on my filed paperwork into the computer database made a typo, which translates in the claim not showing up in some reports in lr2000. I had been in contact with the blm for over two years trying to get this resolved so something like this wouldn't happen. It took 2 years but they have since corrected this mistake and now my claim shows up as should, but the damage has been done.

I am 100% certain my claim has been filled and maintained and kept up with the blm and county properly. The fact remains that this person top filled "claim jumped", most likely committed mineral trespass, defaced my property and stole my property.

What is my proper recourse here? Wouldn't you know it the guy lives just 10 minutes away!! what are the odds!!....

I was thinking of bringing him a copy of my paperwork and asking for my placard back and compensation for the placard and signs and fuel to drive back up to replace everything, and that he stay away from my claim.
If he were to disagree then I would be forced to further action, could I then call the sheriff and file a report?

I feel my demands are more than fare in this situation. I would calmly state everything Ive said here and provide paperwork to back it. My only concern is if he does not comply I understand that the property dispute is a civil matter but that about the mineral trespass and claim jumping and theft/defacement?

Anyone have any thoughts or advise? I could sure use it!

 

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[IMAUDIGGER]

I’d make one trip to his house at a reasonable hour. Treat him like he made an honest mistake (demonstrated by your paper file). I wouldn’t sweat the gas, signs and all that.
Request nicely that he file a correction. Leave on good terms regardless of his attitude.
Patiently wait for something to happen. Keep the upper hand.

If nothing happens, contemplate plan B which could include a multitude of different scenarios.

 

[Red James Cash]

They use to hang claim jumpers,what happened lol.

 

[et1955]

First remark your claim then send him a certified letter with copies of your paper work. Have you checked with county recorders office to see if he filed there too. Keep it safe and legal.

 

[Hard Prospector]

Had some skeemer file over our claim, he knew but tried anyway. The BLM/forest service REFUSES to act and involve themselves in any such dispute (claim jumpers know this). No choice but to "lawyer up". Three certified letters and $1244 for the lawyer , the the dirtbags skipped town.

Too bad tar and feathering is no longer "politicly correct"

 

[Asmbandits]

I wouldn’t sweat the gas, signs and all that.

Possibly if it happened to you, but I drive a turbo diesel and cost me $100 round trip to the claim. The placard I made myself and paid for the materials and stamp die set to make it along with my time, it was stolen. Top filling is one thing, he de faced and stole property that wasn't his, minerals, signs etc, hes lucky I don't press charges.. I feel like my request is more than fare..

 

[Asmbandits]

I havent checked with the county I literally just got home from the claim, honestly isnt it somewhat irrelevant to me if he filled with the county or not, its still a top file and is not valid regardless.

 

[63bkpkr]

Whatever you do, do it quickly and be able to Prove that you did everything which equals copies of everything and if you go in person go with a witness and a tape recorder as you likely will need this in court. Your signs were taken/changed so he knew what he was doing, he is a dirt bag and deserves to be treated as he has treated others but do it legally. He's stolen your property so give him no graces or make it easy on him as he does not care about what is your property/claim.

I've seen cases where the first person to report something to the Police is the person that is believed. It is not right but that is what I've seen. Protect yourself first and then go after him Pleasantly, no swear words and No threats. Protect yourself is the first order of business!................63bkpkr

 

[ExcuseToHike]

Setting up a trail cam in this location (hidden) is also a good idea. Then you could catch him in the act of defacing your signs.

 

[Asmbandits]

I had a cam there on a different area and took it home the last trip with intentions of refreshing the batteries and placing it in another location when I returned. Today I didn't bring it as I forgot to get the 8 AA batteries it needed. I wish I wouldn't have slacked on that now I know just where its going next trip out..

Funny thing is I literally was there just a few days prior to him "locating" back in may of 2018, that's when I removed the cam..

 

[OreCart]

I am really not sure what to say, but I am empathetic. I have never been "claimed jumped" because we do not have that here, but I had Timber Trespass last year to the amount of 70 acres of forest clear-cut on me, so I know what it is like to be a victim of crime.

In many ways I cannot complain; I had a sympathetic judge who handed down THE highest restitution amounts ever handed down in my county, yet I have yet to receive any money for the theft. I still have hope that I will, another court date is set for February 26th 2019.

Unfortunately it is not until a victim becomes a victim is it realized just why voting for the right district attorney matters. It is not a bygone era that we do, but because they set policy. My heart goes out to them and their staff regardless; cases from the State Police, Sheriff, City Police, Marine Patrol, Game wardens, and Forest Rangers all get funneled down to that office to be processed. My sympathies come in because they typically have limited staff, limited budget and often the easy way out is to not prosecute, thus making the victims...double victims.

I realize your emotions are running high on this, but since I have been where you are just a year ago, my advice is sound. $100 spent on travel costs is chump change to what you are about to face. Just realize the incidental costs on this are going to be far higher than that. My suggesting is to work on your Victim Impact Statements. The Pen is Mightier then the Sword...

 

[dsrtdwg1]

Sorry to hear this. OreCar is right, keep it legal and well documented. Hope you can resist the urge to go "Yosemite Sam" on the over filer (dirty claim jumper). Don't make a civil matter criminal. Good luck.

 

[smokeythecat]

I would not go to anyone's door with a problem this day and age. Too many nutjobs are just willing to use violence. Put up the correct signs, and see what happens next. Sheriff might be the correct way to go.

 

[gold tramp]

Had some skeemer file over our claim, he knew but tried anyway. The BLM/forest service REFUSES to act and involve themselves in any such dispute (claim jumpers know this). No choice but to "lawyer up". Three certified letters and $1244 for the lawyer , the the dirtbags skipped town.

Too bad tar and feathering is no longer "politicly correct"

Remember my school teacher mine, you know the one above the mission.
Herb......

 

[goldenmojo]

You might want to check eBay. Your claim might be up for sale.

 

[Bejay]

Given what you have said I would send a certified letter to the individual explaining what has transpired and see what transpires. No doubt the individual paid fees and did all that they thought was required. They no doubt have a BLM number. Like most they would feel comfortable with their position...so you would have to do a good job in explaining the circumstance that led to this happening. Hopefully they will respond.....you may want to give them your phone number. If they call and you discuss the issue you would want to follow up with a letter saying what was discussed.


If that does not prove to resolve the issue satisfactorily the method of resolve is quite clear. The mining law tells you exactly what to do next: adjudicate it. That process is quite a process of procedures that would have to be followed. Go for the 1st approach of contact and see what happens. if that fails come back and let us know...then more forum discussion can move you forward further.


These kinds of claim dispute instances are a real pain; if you have to adjudicate them.


Possession is the immediate demand placed on you....possession is important. I would advise against disturbing his markers....but make yours more prominent.


Bejay

 

[Asmbandits]

I gave the guy a call this am and spoke with him and informed him of the situation. He in deed filled over my claim, and says the blm and county let him and he is un sure why they would let him if it were not available... I explained that the blm and county are not legally held responsible in this situation and that they only record information and are not the regulators of this stuff, instead us as individuals are held accountable and what makes a claim legal is the correct process and actions of the claim holder.

I advised him to look into things further on his end and that I would be headed back up to correct the signs. I asked if he still had my placard and he said he didn't think so.. I did not mention the compensation for signs/fuel as I was trying as hard as possible to calmly talk and keep it as civil as possible.

Not sure where to go from here, possibly i'll give him a call back with some time and see what he found. I understand his frustration to a degree as the blm really lead him towards all this, yet a proper understanding of how claim legality works and proper due diligence would have possibly avoided this all together.

 

[Bejay]

It would appear you will be faced with adjudicating it in County court. In order to get to the court you will have to follow certain procedures...and they take time. I believe since Calif considers claims to be "real property" the issue will go to the County Court as a real property dispute. In my past instance I had to pay to have the over claimer served. Then there are time frames for responses to occur and such......Demand letter etc. I doubt if the BLM will get involved other than providing you your case file. Good Luck


Bejay

 

[Goldwasher]

Oh man...

Well, Gerry you know i'm close.

text me your claim #again..or Ill look it up again and his .

i'm gonna be in town Wednesday morning . I'll go by the county and look at his recording just to see.

if you need anything served let me know I'll hand deliver it.

Small town I'll be interested to see the name.

You know I'll head out there and help you keep your eye on it.

It doesn't take much to file to get a case.

If theres anything I can get or turn in at the courthouse for you let me know.

Unfortunately i end up in Pville about once a week.

if I'm helping you out at least I'll actually have a good reason to be there .


Text me

 

[Asmbandits]

It is somewhat frustrating that a claim holder would have to jump through so many hoops when others do wrong. I understand process but it seems ubsurd to a degree anyone can come along and cause this mess for me. Part of owning a claim I guess, honestly I don't feel like I should have to prove anything, what good is a mineral claim it's anyone at any time can over file?

Since I know I'm in the right regardless, can't I just continue to go to my claim as normal and go after criminal prosecution if people keep defacing and stealing signs and minerals?