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Terry Russell

Abandonment Of Junk

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Has any one had to deal with the previous claim owners left overs?I had to clean up a couple of big messes and get rid of used oil (DRUMS)and garbage, I've owned the claims now for 4 years and the state tells me the junk still belong to the owner,I legally notified them last year 30 day notice of abandonment,two mon th later they came and got a skid shack and trailer with pipe on it , I pay rent to Alaska for the claims I'm not a storage ficility,the state tell me I have no rights to the stuff and can't do anything ,getting discustided with it, any Ideas,and this junk is from the previous-previous owner,who lost the ground before the last guy!!!!! what to do.Terry

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Guest Chris Ralph

Be thankful you are not on a federal claim, you probably would have been cited by the feds for having junk / trash on your claim.

 

Accidental fire for the garbage?

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Terry,

 

When you claim a federal mining claim, there are rules that control abandoned property that apply. The state of Alaska (generally) follows the federal rules. The rules affecting abandoned property were actually decided in Federal court in Anchorage.

 

First, lets talk about trash you may want to gain ownership of. There might be "rolling stock" i.e. a dozer or excavator, 4x4 jeep etc. If you want it, you must assert ownership through a published statement to that effect in a local news paper. That also includes any mining related equipment.

 

If the state or BLM in the case of BLM doman, asserts ownership first, then they own it.

 

If you take possession without asserting ownership by publication, you can be prosecuted.

 

Second, Trash you don't want. All forms of trash have a disposal process. Anything that can burn should be "incinerated" in a reasonably controlled means. I recommend a burn barrel that contains all of the remaining ash. On my claims as part of my APMA, I have a designated "DUMP". or in politically correct language a "waste management site". The trash (solid waste) that is not burnable is deposited in an organized manner for later "recycling".

 

Personally, I consider it good stewardship to take control of the issue of collecting, and managing all of the waste products past and present.

 

- Geowizard

 

www.alaska-gold.com

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Terry,

   I understand your frustration. It seems to be the state's position that they do not adjudicate anything when it comes to

mining claim issues.

  There are others in your exact position. I do know one person that followed the correct procedure for asserting ownership,

by publication, and then waiting the alloted time. He then took ownership of an abandoned excavator that had been sitting for

over 5 yrs.  The state had no qualms with that and were happy to see it moved.

  Remember, your state mining claim gives you subsurface rights to the locatable minerals only. You don't acquire rights to

the surface, or anything upon the surface.

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When I applied for APMA permits 2 seasons ago there was a section for past mining evidence. At least I have proof of tailings piles and a old pit prior to me owning these claims on file. GPS sights/pictures, even old tailing piles so you don't have to reclaim others messes. 

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My understanding of the State of Alaska APMA is that you are responsible for your own surface disturbance. Federal mining claims are different. The fed wants to hand the responsibility for all of the past transgressions on present day miners. That's simply another way to discourage anyone that might have the fortitude to get out and claim a mining claim from doing so.

 

- Geowizard  

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