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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[Bejay]

LEARNING MINING LAW 101 ……………..
"NO POSSESSORY ACTION BETWEEN INDIVIDUALS IN ANY OF THE COURTS OF THE UNITED STATES FOR RECOVERY TITLE SHALL BE AFFECTED BY THE FACT THAT THE PARAMOUNT TITLE TO THE LAND ON WHICH SUCH MINES ARE, IS IN THE U.S. ., BUT THAT EACH CASE SHALL BE ADJUDGED BY THE LAW OF POSSESSION"

Or put in todays understanding:
NO POSSESSORY ACTION BETWEEN (INDIVIDUALS): THOSE PEOPLE GIVEN TITLE TO A GIVEN TRACT OF MINERAL LAND, IN ANY OF THE COURTS OF THE UNITED STATES FOR (RECOVERY): RESTORATION OF THEIR FORMER RIGHT TO ANY MINING (TITLE): POSSESSION/OCCUPATION, OR FOR (DAMAGES): ..TO ANY SUCH (TITLE): POSSESSION/OCCUPATION, SHALL BE AFFECTED BY THE FACT THAT THE (PARAMOUNT): THAT WHICH IS SUPERIOR (TITLE): POSSESSION/OCCUPATION TO THE LAND ON WHICH SUCH MINES ARE, IS IN THE U.S. ., BUT THAT EACH (CASE): CONTESTED QUESTION BEFORE A COURT SHALL BE (ADJUDGED): DETERMINED/DECIDED BY JUDICIAL PROCEDURE BY THE LAW OF (POSSESSION): THE PHYSICAL ENJOYMENT OF A THING WHILE OTHERS ARE EXCLUDED.
This says courts must decide that there can be no other rule affording the miner all the rights of his claim other than the physical right of his use and no others.


DEFINITIONS:
INDIVIDUALS ……….TITLE GIVEN TO A GIVEN TRACT OF MINERAL LAND
CASE……………………..A CONTESTED QUESTION BEFORE A COURT
FACT………………………AN ACTION: A THING DONE,
TITLE……………………….THE MERE POSSESSION OR OCCUPATION
RECOVERY……………….RESTORATION OF A FORMER RIGHT
POSSESSION…………….THE PHYSICAL ENJOYMENT OF A THING, WHILE OTHER ARE EXCLUDED.
ADJUDGED……………….DETERMINED/DECIDED BY A JUDICIAL PROCEDURE
DAMAGES…………………THOSE THINGS HARMFUL, OR WITHDRAWN THAT ARE BELONGING TO.

 

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[OreCart]

I got the perfect solution; Klondi can buy the Silver King Mine!

111 acres in Nelson, BC for $289,000. I am sure a man (or woman) could get a few bucks off if they paid in cash. (Small injection of humor to lighten the mood).

 

[M.E.G.]

Posting Sample; Jefferson Mining District 'Oregon':
http://www.treasurenet.com/forums/g...-sample-jefferson-mining-district-oregon.html

 

[Bejay]

TITLE 34. MINERAL RESOURCES
MINES AND MINERALS
ARTICLE 45. OFFENSES
C.R.S. 34-45-101 (2013)
34-45-101. Damages for taking ore



In trials for the recovery of the value of ore or minerals wrongfully mined and extracted, if plaintiff shows himself entitled to recover, and if he had the rightful possession of the ground from which the ore was taken at the time the action was brought or tried, the fact that defendant may have been in possession, either actual or constructive, when the case was tried shall not deprive plaintiff from recovering damages for the value of the ore or mineral mined and extracted according to the rules of law pertaining to the trials of actions of that character. But for the purpose of the action, plaintiff shall be deemed and held to be in possession of all the ground, drifts, stopes, openings, and premises from which the ore was taken, although he may not be able to reach such ground from his own openings and workings. The rule of law that plaintiff can recover nominal damages for the first entry, and then wait until he obtains actual possession of the ground from which the ore was taken, and then bring another action for the value of the ore or mineral so mined and taken, shall not be observed nor applied to defeat, in the first action, the recovery of the value of the ore or mineral so wrongfully mined and taken.

C.R.S. 34-45-101

 

[MT_Thunter]

Check Craigslist and any site claims are sold in your area including the gpaa

 

[JosephT]

What has happen with your claim did the jumper back off or are you headed to court?

 

[Asmbandits]

What has happen with your claim did the jumper back off or are you headed to court?

Top filer did not file relinquish of interest as asked to so in process of quiet title suit.. Straight up ridiculous, my lawyer has looked over everything and is certain that it will be open and shut.

 

[JosephT]

Top filer did not file relinquish of interest as asked to so in process of quiet title suit.. Straight up ridiculous, my lawyer has looked over everything and is certain that it will be open and shut.

Thats to bad I hope it works out for you maybe you can hit him in the pocket book and cost him some money. keep us posted friend

 

[MCX]

Best of luck! Hopefully it gets resolved quickly for you!

 

[Asmbandits]

I just wanted to say that I have reached out to Shannon Poe and he and the good people at AMRA have helped me out quite a bit with guidance in this situation. I truly believe that they are for the miner and for what is right, within the mining community and outside of it as well. Shannon really seemed concerned and willing to help and his good intentions show strong and for this I am thankful.

Also I wanted to thank the community here for all the guidance and help over the years that has given me much clarity and direction on subjects that most would struggle with otherwise. My hat is of to you all!

 

[wildminer]

You are setting a good example of fighting for truth and it will prevail. Good on ya'.

 

[Asmbandits]

Thought I should update, looks as if the top filer did do as asked and relinquished interest in the claim, I'll have to confirm but his claim doesn't not show up anymore on reports. Never received any apology but at least he did the right thing in the end.

Here are a couple videos that detail some of the experience a bit better, thanks for all the support from everyone that gave it!

 

[Goldwasher]

Thought I should update, looks as if the top filer did do as asked and relinquished interest in the claim, I'll have to confirm but his claim doesn't not show up anymore on reports. Never received any apology but at least he did the right thing in the end.

Here are a couple videos that detail some of the experience a bit better, thanks for all the support from everyone that gave it!

Yep it was nice to see it off of the books this morning.

See, it pays to be a Bully

 

[Asmbandits]

Thanks for the heads up Jarrod!

 

[bug]

May I ask where you got the sheet metal printed out? I like that!

 

[63bkpkr]

Legal matters do not always go the way they should, if he had just searched this all out properly this would never have happened. Glad he chose to not go through court as he would have lost more than his illegal claim. He finally did the right thing!.........63bkpkr

 

[Asmbandits]

May I ask where you got the sheet metal printed out? I like that!

Thanks! It's just a piece of sheet aluminum that I punched out by hand like the last one that was removed. Harbor fright sells a punch set it was super easy to make.

 

[bug]

Right on, it looks professional!