Unmarked claims?

N

northern_sierras

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May 28, 2013
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I live in plumas county where there are literally thousands of miles of remote gold bearing streams. I have floated remote sections of the feather river where there are no roads for 20 or 30 miles and never come across any mining claim signs. Im wondering, if someone doesn't have any signs or anything marking their claim, can I get into legal trouble for prospecting on it? It seems strange to me why people don't bother marking their gold claims.
 

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Yes, you can. It's up to you to research the claim status of any piece of land before you begin prospecting.
 

Yes you can get into trouble for mining on a valid mining claim. It is your responsibility to be sure of the area you are prospecting on. Who's it to say that the claim was not properly marked and a anti mining person took down the signs? Or during the off season the weather has done this and the miner has yet to notice or repair? To be valid a claim needs to have a discovery marker w/ location notice and corner markers.... although some say CA doesn't require them( but it is a federal mining claim that does require them).

No mining signs, or signs placed for the non claim owners are a courtesy only.

ratled
 

I get real tired of replacing the signs that the two legged morons like to steal!
 

A creek I like to prospect on behind my house, the land is owned by Sierra pacific industries (a timber company) and has gates at all the roads so you cant go in, but according to the landmatters.com claim map the whole area is claimed. So how is it that someone can own the land but not the mineral rights, and the land owner can block the whole area off and not let anyone in? This same company I have seen take down any mining claim signs on their property, and report trespassing. So whats the deal with staking a claim on private property?

If an area has a placer claim, why cant someone just stake a lode claim in the same spot?

The landmatters website shows what looks like ~640acres for each claim, it doesn't show in any detail where each claim ends or any specific information on the start and end points of the claim. It seems pretty ridiculous to have to go to the county court house every time I come across a creek I want to drop my pan in.
 

You can not stake a lode over a placer. It sounds like it is an older land grant back when they gave land to the timber companies and rail roads.... they have the mineral rights

ratled
 

You are on the right track with your questions n s. It is very important you do in fact check the claim/ownership status of lands you intend to remove valuable minerals from. All lands, if not your own, belong or are managed/controlled by someone else. I believe a lot of counties have online records to search now.

Good luck,
Mike
 

Sierra Pacific has the mineral rights on most all of their land. They even have their own fancy personalized claim signs. I have a friend who has a very interesting situation with his claim and Sierra Pacific. Lets just say they put up his own private gate and have done most all they can to make it hard for him to work his claim, by k railing the old camp and parking area, leaving him barely enough room to park a geo metro in. You can bet if he ever forfeits it, it won't be availible again. I'll ask him if he minds sharing the details.
 

fowledup said:
Sierra Pacific has the mineral rights on most all of their land. They even have their own fancy personalized claim signs. I have a friend who has a very interesting situation with his claim and Sierra Pacific. Lets just say they put up his own private gate and have done most all they can to make it hard for him to work his claim, by k railing the old camp and parking area, leaving him barely enough room to park a geo metro in. You can bet if he ever forfeits it, it won't be availible again. I'll ask him if he minds sharing the details.
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I would definitely want more details regarding this if you can. I've talked to numerous people who should know about this sort of thing but are clueless. I genuinely hate this company. They own tens of thousands of acres of pristine creek side land and use it solely for lumber and block out huge sections of land to people who live nearby so we have to drive 20 miles around their land to get to certain rivers and streams that normally take 3 miles. I would give my left nut for a few acres of this land and they just squander it away.
 

I will ask him to share the particulars. And don't even get me started about them, I have them for neighbors. Ohm, Ohm, Ohm, 10, 9, 8, 7............
 

You mess with Sierra Pacific--be it the lumber company or the railroad you are in deeeeeeeeeeeep kaka. Procede with articulate caution as RR fines horrendous and sp guards are NOT nice either as your on their private property a huge amount of the time. They almost always retain mineral rights. Hit the recorders office and do deed checks as to thyne own self be true or else-John-John
 

NS ,take a basic real estate course.Real estate ownership is explained as owning a "bundle of rights". You may or may not own the rights to the minerals, timber, water,oil,graze,wind ,solar,etc.A title report spells it out. Good luck
 

there is NO mineral rights tobe gotten in Misery! all of the mineral rights were bought up by big companys atleast 100 years ago! even though you bought land and built a home on it , there can and ARE mines underground and your homes can sink or fall into the sinkholes that predominate the land! think about that awhile!!
 

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