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AuHunterTwo

Claim Trespassing, Posting On The Internet - Youtube

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It is up to the miner who has been trespassed against to call his local sheriff to make the matter a priority.  

Legitimate calls requiring law enforcement must be responded to.  All it takes is a call to your local sheriff.  Talk to the sergeant and ask that person whether they would be willing to prosecute the matter.  They may say no, but if it's in the criminal code, it's law enforcement's job to respond.

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I've been there done that.

 

LEO will patiently listen and counsel a fired-up miner who has been stolen from.  Taking action to catch the perps is another matter.  They have priorities which they'll be more than happy to discuss with whoever is interested.

 

Mineral trespass prevention is basically up to the owner.  Take the matter seriously.

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I have been told to call the Federal Forestry Ranger, my claim & claim's I take care of are all Federal claim's. It only makes sense they drive around giving ticket's like the Ak. State Trooper's, might as well let them do thier job, right ? I have also been instructed to provide the evidence, photo's from trail type camera's, face, license # or I.D. #'s the more the claim owner can produce the easier to take seriously and proscecute. My camera's are kept on claim property so as not to infringe on personnel privacy,which I have been told does not matter, I have the right to protect both mine and my mining partner's mineral's and mining equip. and I will add the the claim's are placarded up dwn. and sideway's no excuse's !!!! The folk's giving me this info. Alaska State Trooper's & Federal Forestry Ranger personnel. Unfortunately I think I will be testing this out this coming season. :ph34r:

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Who's dog is it? :)

 

The state of Alaska doesn't have a dog in the fight. The issue is between two rival mining claimants.

 

The mining claimant owns the dog;

 

The Forest Ranger or his personnel don't have a mining claim.

 

- Geowizard 

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Depending on the circumstances, the state may be interested. As an example, if someone interferes with or damages your equipment, that is a violation of state laws regarding property rights. Your property being the equipment. If some greenie takes a sledge hammer to my car while I am parked on federal land, its a violation of state law, no matter if I am on a claim or not.

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The state of Alaska doesn't have a dog in the fight.

What I am saying is that there are cases that have happened to a number of miners in which the state does, in spite of your comment to the contrary, does "have a dog", and I gave an example of something that has and does happen to miners.

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If it wasn't your fuel and you didn't know if he might have had permission to take it, why did you tell him to get out?

I would have "observed" and notified the owner of the fuel. (on your claim so you must have known the owner?)

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When a miner has a lease on a mining property, the mine owner has a fiducial RESPONSIBILITY for the care and keeping as well as preservation of those assets including fuel.

 

Thieves usually don't involve themselves in discussion!

 

So, when taken a face value, an unannounced intruder - removing property -  gives the impression that a theft is occurring,

    

*Note 1: sometimes, not always, but often, except in some states depending on jurisdiction. :)

 

- Geowizard

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I think several different types of trespass are being confused here. Throwing theft into the mix doesn't help clear the muddied waters. I think discussing and understanding the nature of the different types of trespass might be helpful.

Federal mineral trespass is committed against the property of the United States. Federal mineral trespass can be prosecuted civilly or criminally - agency choice. Those trespasses are prosecuted in the federal courts by the managing agency - usually the BLM or Forest Service. Federal mineral trespass will involve Federal Marshalls or Agency Law Enforcement.

Claim trespass is committed against the claim. Those trespasses are pursued civilly in the first court of record in the state by the claim owner. That is usually at the local county level. Claim trespass is usually about overclaims or disputed boundaries. Only the claim owner or registered agent can bring this type of civil suit. There is no enforcement agency. Claim trespass is a private civil matter.

Criminal mineral trespass is a crime committed against the claim owners mineral estate. Criminal mineral trespass is a violation of a state criminal statute. Those trespasses are prosecuted in criminal court by the state. That is also usually at the county level. Only the state can bring criminal mineral trespass charges. Usually the sworn complaint of the claim owner as well as substantial evidence is required before the state will bring charges. Usually the county sheriff is the enforcing authority.

Generally with matters of trespass only the owner of the property trespassed against has the legal ability to pursue the trespass.

Theft in and of itself is not trespass. Seeing someone taking fuel or minerals from another's claim does not allow someone who does not own the claim to make a complaint of trespass.

Being a witness to a trespass may help the owner of the claim prosecute his complaint but it does not enable the witness themselves to make a trespass complaint. Theft should be reported as theft. Theft from a claim, car, private land or a house is punishable by law.

I hope that helps?

Barry

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A "witness" doesn't have a "dog in the fight". That is a simplification of legal "standing".

 

The exception is California (and a growing number of other jurisdictions). A witness may incur psychological stress or trauma. These injuries are compensable. :)

 

- Geowizard

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The exception is California (and a growing number of other jurisdictions). A witness may incur psychological stress or trauma. These injuries are compensable.  :)

 

 

 

Now that's for me!

 

Cumon geo,  California dredgers ought to be compensated for that stress and drama.  How in LL are we gonna pigeon-hole that one?

 

My dog is in the fight.

 

If I thought that I could be better-off by proving what you said,  rather than working for gold,  that'd be easy street.  Are you sure?

 

Seriously,  the idea is ripe and worth of discussion.

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Pursuant to 50 CFR - 14.102 [Title 50] -- Wildlife and Fisheries; Chapter I -- United States Fish & Wildlife Service - Department of the Interior,

 

The term Psychological Trauma means "an episode of exposure to stressful conditions resulting in significant behavioral abnormality including, but not limited to, manifestations of unaccustomed aggressiveness, self mutilation, or refusal of food or water."

 

If it works for fish, it works for dredgers. :)

 

- Geowizard

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