All minerals are subsurface estate Mike. It doesn't matter if the minerals are placer or lode. Known lodes are not included in placer claim patents. If a placer claim owner knows of a lode deposit on his claim he must either declare it as a lode claim and pay twice as much per acre ($5 per acre for lode as opposed to $2.50 per acre for placer) for his purchase or the lode will be excluded from the patent grant. This was explained in detail in Section 11 of the 1872 General Mining Act. The inverse is not true. Known placer deposits found on a perfected lode claim are patented along with the lode minerals. Also unknown lode deposits on a patented placer claim belong to the patentee as long as they were discovered after the patent was granted. Until a patent is granted both placer and lode claimaints own all the valuable minerals within their claim as long as the initial discovery supports the type of claim located. You can't locate a lode discovery as a placer claim and you can't locate a placer discovery as a lode claim. A placer claim can never be located over a valid lode claim but a lode claim can be located over a placer claim IF the placer claim owner or an invitee discover a lode. Uninvited prospectors can not discover or locate either type of claim over an active claim. You will probably find it helpful download and read the entire 1872 Mining Act if you want to get a better understanding of the principles behind the mineral grant.
That is a good looking well designed and built trommel! A similar one is on my project list. How did your season at your 80 acre prospect work out? My prospecting this year was a series of distractions and I didn't get to nearly as many places as I planned on. Wait 'til next year.
hey bud , thanks , me too , I built the trommel with a friend , I call it the "dredgenaut" , it is meant to be bucket fed , or small excavator , but the trommel will require direct supervision pretty consistently if using a mini ex. to feed it , and I have not purchased a mini yet , but I am willing and able too, should the need arise , California will not let me use one on my claim , and I am praying the will let me run my trommel , that is why I'm considering other opportunities , I work by myself because I don't have anyone to work with , lol , so I built the trommel to be very mobile , meant to be carried in pieces , 6 to 7 trips , heaviest piece is about 75 lbs. , I can carry each piece like nothing , made a backpack to carry the motors , here is a short , first test run , with old concentrates with some hammered lead added , do you have a place that will allow you to use your mini ,