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pertinent info, I was told that it is an invalid claim, as state law says that if a mine ia abandoned the claim is no longer valid, and can proceed with filing a claim over the other claim.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?