Need some general "claim" information

MikeSD

Jr. Member
May 28, 2007
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I suspect every square inch of potential mining claims have been spoken for but on the off chance they might not, I have a few questions. Mostly I'm wondering about claims associated with rivers, streams, etc.

1) How does one go about seeing if there is a claim filed on a specific piece of land or river/stream bank?

2) Are "claims" seperate and apart from "mineral rights"? I ask that, because a lot of land sold doesn't include mineral rights. Someone else owns those in a lot of cases.

3) If there is a river crossing private lands, can someone file a claim on that part of the river that's not owned by the landowner (i.e. up to the bank)?

4) Any idea what percentage of river/stream banks are free of claims?

5) Is there any such thing as an area that is not claimable, but open to prospecting?

6) In the case of metal detecting, if someone happens to be detecting on public land, and finds a nugget, does that fall under any laws that requires them to turn it over to the feds? (i.e. much older than 50 years, which I think is the limit on some lands for what you can find).

7) Is metal detecting along creek/stream banks allowed regardless of who owns land, assuming no claims exist? I know there are navigable waters laws that permit some activity regardless.

8) In reading some of the laws on government land (like BLM), it seems suggest that it's ok to discover gold, silver, etc, using "casual" means, without requiring a "claim". So, say someone finds a large nugget, on such land, using a detector. Can the person just refuse to disclose where it's found? Or might you be forced to say where it was found?

9) Lastly, what is the best single source for finding "everything you wanted to know about claims"?
 

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9) Lastly, what is the best single source for finding "everything you wanted to know about claims"?

You are almost there. The prospecting forum above this one. Start reading the threads, the first 2 or 3 pages of threads will answer most of your questions. Just like metal detecting, prospecting is research, research, research.
 

Just a suggestion. Advise the area you are interested as the rules vary.
 

blm.gov has the manual for claims downloadable and all is answered there in gut wrenching clarity-John
 

I suspect every square inch of potential mining claims have been spoken for but on the off chance they might not, I have a few questions. Mostly I'm wondering about claims associated with rivers, streams, etc.
There are millions of acres of land still open to claim. Even the best gold areas have land still open to claim.

1) How does one go about seeing if there is a claim filed on a specific piece of land or river/stream bank?
Long answer short there is no single source for that answer. You will need to study the Master Title Plat, LR2000 and the County Recorder records to get that answer.

2) Are "claims" seperate and apart from "mineral rights"? I ask that, because a lot of land sold doesn't include mineral rights. Someone else owns those in a lot of cases.
A "claim" is the acquiring of the mineral rights. Minerals are what the claim is on. The claim rights are to the valuable mineral portions of the subsurface estate and the surface area and materials needed to mine those valuable minerals.

3) If there is a river crossing private lands, can someone file a claim on that part of the river that's not owned by the landowner (i.e. up to the bank)?
NO

4) Any idea what percentage of river/stream banks are free of claims?
~ 99% Gold is rare and few of the gold deposits are river deposits.

5) Is there any such thing as an area that is not claimable, but open to prospecting?
YES

6) In the case of metal detecting, if someone happens to be detecting on public land, and finds a nugget, does that fall under any laws that requires them to turn it over to the feds? (i.e. much older than 50 years, which I think is the limit on some lands for what you can find).
You own the gold you mine. There may be income taxes if you sell the gold. The antiquity rules only apply to man-made objects over 100 years old. Miner's are exempted from that rule in the Antiquities Act.

7) Is metal detecting along creek/stream banks allowed regardless of who owns land, assuming no claims exist? I know there are navigable waters laws that permit some activity regardless.
NO

8) In reading some of the laws on government land (like BLM), it seems suggest that it's ok to discover gold, silver, etc, using "casual" means, without requiring a "claim". So, say someone finds a large nugget, on such land, using a detector. Can the person just refuse to disclose where it's found? Or might you be forced to say where it was found?
As long as the land was in the public domain and not already reserved for a specific use like a mining claim you can prospect and keep the valuable minerals you find. There are no laws or regulations that ask you to disclose the source of your gold.

9) Lastly, what is the best single source for finding "everything you wanted to know about claims"?
There is none but we are working on it. :thumbsup:

Answering the unasked question.

Research, research, research - this is a profession - learn the skills and you may succeed. Wait for the answers from others and you will have a very long learning curve. If you want to become a pilot and never crack a book you will be sweeping hangars 20 years from now. Same with mining.
 

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