nvchris Posted February 27, 2014 Share Posted February 27, 2014 Advise please,A friends claim in NV has been delclared void due to a filing mistake.The problem is that Hycroftt had blanket claimed the area including this placer claim.Can he still legally refile?Thanks, Chris Quote Link to comment Share on other sites More sharing options...
sawmill Posted February 27, 2014 Share Posted February 27, 2014 Chris without knowing the filing mistake it is not possible to give any real opinion. If the blanket claims were filed,after he filed ,he is sol if his claim never was valid,from the startas in,an uncurable filing defect. Also this is just stating the obvious,but if the blanket claims werethere before he filed, he doesn't have a leg to stand on. Here is the problem, if the BLM discovers ,a curable mistake at the time of filing,they will notify theclaimant,and give them a chance to fix it,before processing the papers. But if it is a fatal mistake withno cure they will just declare ,the filing null,and void,period. Without knowing the whole story ,any opinion would just be a guess. Quote Link to comment Share on other sites More sharing options...
nvchris Posted February 27, 2014 Author Share Posted February 27, 2014 (edited) Thanks for your reply,The blanket load was filed before the mistake, over valid placer.He failed to file proof of assessment in 2011 year.BLM did not notify him till now. They accepted the next two years filings in 2012, 13.The sad part is we told the person that filed for him to include a notice of intent to hold (in 13), he insisted that this was a waste of time an needless. Here is parts of the letter, Edited February 27, 2014 by nvchris Quote Link to comment Share on other sites More sharing options...
LipCa Posted February 27, 2014 Share Posted February 27, 2014 Is your friend sure that he did not file an assessment? I have filed before and had BLM void all of my claims(8) for not filing. Sure caused my heart to skip a beat! They had misplaced the papers. Luckily, I had kept copies, proof of mailing and proof of receipt. Quote Link to comment Share on other sites More sharing options...
sawmill Posted February 27, 2014 Share Posted February 27, 2014 Chris unless your friend can produce a copy of his filings,as LipCa said ,it doesn't looktoo good. Sometimes the BLM does misplace paperwork or make a mistake too. Has he checked to see if the blanket lode claims are still active?Here is another thing,if his placer claim was valid and active,at the time the lode wasfiled over him,the lode is void too. You can't gain rights by squatting on a valid claim. If that is the case,then the only way that the lode would be valid is for the lode claimantto relocate ,after your friend failed to file his paper work. If the lode claimant did not relocate,then the ground is still open for your friend to relocate. At the least,it does look like ,he has a worth while argument,and needs to consult with agood mining lawyer,before giving up. Quote Link to comment Share on other sites More sharing options...
nvchris Posted February 28, 2014 Author Share Posted February 28, 2014 That's my opnion allso SM,I'm going to hang paper on it in the morning.It's up to Hycroftt to dispute it now. Quote Link to comment Share on other sites More sharing options...
Hoser John Posted February 28, 2014 Share Posted February 28, 2014 Did he pay insipid rental or file a annual labor-hence no intent needed unless he paid rent. BLM regs most specific as defects can be fixed on some things BUT once filed over tough as nails. BUT since claim was valid at the time of illegal filings he has PRIOR standing in the eyes of the law and it does NOT escheat to other folks as a illegal filing over a prior legal existing claim. A court of law cannot enforce a illegal act---oops dredging illegal so that is out the window sorry. One LL of a mess to be sure. Why don't folks listen to experienced miners???? This is why I file annual labors,pay property taxes and miners exemptions all at the same time so nuttn' gets missed.sad sic mess-John Quote Link to comment Share on other sites More sharing options...
Hoser John Posted March 3, 2014 Share Posted March 3, 2014 I've spent a few hours reading more law during rain storms yesterday as intrigued with this mess and this is indeed a convaluted mess. Court of arbitration is good way to go as lawyer not required. But thats kalif,don't know about AZ. I'll still go by above statement as claimjumping cannot be legitimized through your failure to file. You must wait till the next calender year to refile though,that much is plainly said when a defect is present and a NEW claim filed over. Check that your claim was still legal when claimjumped. Lotza luck-John Quote Link to comment Share on other sites More sharing options...
Steel Pan Posted March 4, 2014 Share Posted March 4, 2014 As I understand, the original paperwork should be attached to the "discovery monument".MIne are. You must wait till the next calender year to refile though,that much is plainly said when a defect is present and a NEW claim filed over. Check that your claim was still legal when claimjumped. Lotza luck-JohnJohn, are you talking about the normal yearly filing? Quote Link to comment Share on other sites More sharing options...
Hoser John Posted March 4, 2014 Share Posted March 4, 2014 (edited) Regs state specifically"under california state law a claim may be relocated by other claimanants unless the original locator,his heirs,or legal representatives have resumed work after a failure to perform assesment work and before a NEW location by other claimants is made-cfr 3851.3 LR-10 pages 305-308--as long as the lands remain open for the location of mining claims.It can be difficult for a new locator ro show that an original locator did not perform the regular improvements or work during the "assessment" year. Relocation cannot be made until the "end of the assessment year in question". Direct quote and where from so I don't screw up and misrepresent any pertinent info. AZ laws mirror calif last time I looked but been awhile and they do love to play games. WE need homogeneous application of law from state to stae as all other is pure folly at our peril-- Don't give up-John Edited March 4, 2014 by Hoser John Quote Link to comment Share on other sites More sharing options...
Steel Pan Posted March 4, 2014 Share Posted March 4, 2014 Thanks! Quote Link to comment Share on other sites More sharing options...
homefire Posted March 4, 2014 Share Posted March 4, 2014 I always was in the thinking that BLM rules was State to State. Quote Link to comment Share on other sites More sharing options...
Steel Pan Posted March 5, 2014 Share Posted March 5, 2014 Each state can add their own restrictions.Example: Calif banning dredging. Quote Link to comment Share on other sites More sharing options...
El Dorado Posted March 5, 2014 Share Posted March 5, 2014 Not to mention that each County can regulate Claims also.......... Quote Link to comment Share on other sites More sharing options...
Nugget Shooter Posted March 5, 2014 Share Posted March 5, 2014 Yep and it is the claim owners responsibility to figure all these different laws out and the powers that be use this to void claims when they get the chance. Got to be on your toes.... Quote Link to comment Share on other sites More sharing options...
Steel Pan Posted March 6, 2014 Share Posted March 6, 2014 When I had to deal with construction inspectors we had a saying:"The most restrictive restiction restricts." They can't take away from fed rules, but they can sure add to them. Quote Link to comment Share on other sites More sharing options...
Hoser John Posted March 6, 2014 Share Posted March 6, 2014 Followed by a plain manilla envelope fulla $100s and the most restrictive restrictions unrestrict miracleously $$$$$$$$$$$ talks-John Quote Link to comment Share on other sites More sharing options...
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