More on Patented/Unpatented Gold Mining Claims (Conclusion)
(Tote all the guns you want but your unpatented claim is still NOT your private property.)
No Legal Basis
Before I move on to Northern California patented claim owner Stan M.'s situation, I'd like to pass along one more tidbit of info regarding unpatented gold mining claims. Remember, with an unpatented claim you DON'T own the the land itself...just the mineral rights. One thing I've found very disturbing over the years is the fact that many unpatented claim owners treat their claims like their own personal or private property.
WRONG!! I don't care what you may think brothers and sisters, if you own an unpatented claim you have no legal basis for threatening or intimidating those who may want to transit your claim, fish on it, sight see, bird watch, etc., as long as these folks don't interfere with your mining activities or attempt to mine your claim themselves.
Gold Panning Kits
In fact, you yourself may end up in court on the wrong side of the law if you persist in treating your unpatented claim like private property. You can post all the "No Mining" signs you want...that's fine. "No Trespassing" signs, however, are another matter entirely from a legal standpoint.
"Information on Patented Mining Claims"
OK, that said let's move on to gold miner Stan M. who owns a patented placer gold mining claim in extreme Northern California. As a reminder, California still has a moratorium on suction dredging in the state's streams and rivers:
"Here's a copy of a request I sent to the Southern Oregon Miners Association. I read "Bedrock Dreams" this morning and thought that you may have some information on patented mining claims and the only court that has jurisdiction over them. I had never heard of this before so don't know anything about it. When I get more information on this court I'll send it on to you. I am also sending you a website that gives tons of information on mining and the history of Southern Oregon. I've been reading it myself and it's worth sending."
"Thanks a lot."
I wish Stan the best of luck in his struggle to dredge on his own property.
If you liked this post, you may want to read: "Gold Mining Safety Tips"
(c) Jim Rocha (J.R.) 2012
Questions? E-mail me at email@example.com