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KenAslan

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  1. KenAslan

    To claim, or not to claim

    Turns out it was never registered. The payments were never made. computer glitch. The BLM did an extensive search for me and told me it is mine for the taking. As soon as the snow melts off I will pack up into the mountains and stake it.
  2. That is the question. After a few years of research and prospecting, I have found an old abandoned claim, that looks promising. This claim has been officially declared as abandoned by the state, and on the states abandoned mine registry. After looking for a week I have found no corner markers, nor location marker, in addition the metes and bounds method required to describe the location was not met. However, the BLM reports that the claimant is sending in his $155.00 every year and is an "active" claim. After paying a mining attorney to review all the paperwork and other pertinent info, I was told that it is an invalid claim, as state law says that if a mine ia abandoned the claim is no longer valid, and can proceed with filing a claim over the other claim. Per State Law, "Rights of relocator. The rights of a relocator of any relocated abandoned or forfeited mining claim date from the posting of the relocator's notice of location on the claim, and while the relocator is performing the acts required by law to perfect the location, the relocator's rights may not be affected by any reentry or resumption of work by the former locator or claimant." The terms “abandoned and void”, “null and void,” “void ab initio” and “forfeited” have the same effect in these regulations. What do you think? File a claim or not? And why or why not?
  3. KenAslan

    Claim size

    I stand corrected, Thank you. for some stupid reason I thought it was more like 5 acres. I should have done the math. I know better than that. But alas, I am an electrical engineer, not a civil engineer.
  4. KenAslan

    Claim size

    Just got an email from the infamous GRE (Gold Rush Expeditions) trying to sell me a Lode Claim here in Montana. (side note - nobody should EVER buy from them). The claim is a Lode Claim, however they state that it is 20 Acres in size. How can they do that? Please correct me if I am wrong, but as I understand it, the maximum size for a lode claim is 1500 feet by 600 feet, that is nowhere near 20 Acres. I am not an attorney in my mind this should invalidate any claim they are making as it is against the code of federal regulations (43 CFR Part 3832.22). § 3832.22 How much land may I include in my mining claim? (a) Lode claims. Lode claims must not exceed 1,500 by 600 feet. If there is a vein, lode, or ledge, each lode claim is limited to a maximum of 1,500 feet along the course of the vein, lode, or ledge and a maximum of 300 feet in width on each side of the middle of the vein, lode, or ledge.
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