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Notice of Abandonment,...


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A co-claimant is dropping off of the claim.

Since there will be no transfer of interest, wouldn't

we file the "Notice of Abandonment" showing the person

abandoning their interest and then to file a reduction in claim size. :idunno:

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I don't think a reduction in claim size is necessary. A single person can own a 160 acre claim but a new location is limited to 20 acres per claimant on an association claim.

In other words I could, as an individual, purchase a 160 acre claim from an association or be the sole claim holder if the 7 other claimants quit claimed their interests to me.

In your case a Quit Claim may be more appropriate than a Notice of Abandonment.

Some one please jump in here and correct me if I'm wrong.

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As I stated, there will be no transfer of ownership.

Simply the abandonment of one co-claimant's interest in the claim.

Each remaining co-claimant retains equal interest.

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Klunker is right,go with his thoughts. A notice of abandonment ,is only used to,abandon rights

back to the federal government,as in relinquishing mineral rights . If you file a notice of abandonment,

for your partners interest,it will cause huge problems.

Just have your partner do a quit claim for his interest,back to the remaining partners,and you are legal.

An association claim is considered as just a single claim by the feds. To abandon would be to abandon

the whole claim,as each owner ,owns rights on every square inch of the entire claim,not just a certain

section. Your partner can transfer his mineral rights back to the other owners through a quit claim deed

though.

Edited by sawmill
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Sawmill is right. Quit claim deed is the way to go.

There is a problem with a 160 acre claim with only 7 claimants though...

You can only have fewer than 1 locator per 20 acres on an association placer claim if you have proven a valuable mineral discovery.

The BLM has begun cracking down on 160 acre claims with fewer than 8 claimants the past few years. Expect to be challenged on your discovery work. If you aren't prepared to show your discovery expect that the BLM will give you a 30 day notice to Amend your claim to 140 acres or have their case file closed (declare your claim null and void).

In accordance with 43 CFR 3833.33, you may transfer, sell, or otherwise convey an association placer mining claim at any time to an equal or greater number of mining claimants. If you want to transfer an association placer claim to an individual or an association that is smaller in number than the association that located the claim you – a) must have discovered a valuable mineral deposit before the transfer; or b) upon notice from BLM, you must reduce the acreage of the claim, if necessary, so that you meet the 20-acre per locator limit.

Per 43 CFR 3830.5, a discovery means that you have found a valuable mineral deposit. Any association placer claim transferred that does not meet these requirements is not a valid mining claim.

Although this is rarely enforced elsewhere the BLM in Arizona and California are particularly hot on this issue. You can blame the usual suspects who claim big tracts as an association and then sell them to one person on eBay.

The BLM in Arizona is far from consistent in their enforcement of any of their regs but we are seeing this particular issue coming up much more frequently.

Hope that helps

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Clay- thanks for finding 3833.3. Ive been looking for it to refer S.P. to it. However there are hundreds of claims out there that have changed hands through the years that do not have signers for every 20 acres. I have one myself where two original locators (signers) have passed on and left their interest to my partner. BLM required certified copies of death certs and is well aware of two persons holding an 80 acre claim.

Seems that to be a miner requires a pick,shovel gold pan and attorney.

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I'm not in agreement with the BLM's sometimes overbearing and always inconsistent way of enforcing their self written regulations klunker. I'm just passing on the facts about the current climate in two of their offices. Forewarned is forearmed. :D

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" b) upon notice from BLM, you must reduce the acreage of the claim, if necessary, so that you meet the 20-acre per locator limit. "

Ya see, there in lies my dilema.

A quit claim to any other co-claimant would "possibly" cause the BLM to require a claim size reduction.

Sooooo, would the quit claim then be transfered to the BLM?

BTW, all the quit claim papers I've found only require a signature from the transferee, not the transferor.

All we want to do is remove the one co-claimant and reduce the claim size accordingly. :idunno:

...and there may be a couple of more co-claimants leaving in the future. Life changes ya know.

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Yup. Clay nailed it. "Inconsistent" is an understatement. S.P.- give BLM a call. you don't have to give your name or the name of the claim. Usually when I call them they have been very helpful.

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Look around for a few of your friends that have no interest in gold mining to be a claim owner, you would be their proxy for all the paperwork and you of course would be responsible for all fees, filing etc.

The BLM would never know the difference, you would only need their signature/s from time to time on paperwork.

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Skip, that will not work unless the outgoing partner quci claims his/her share to the new partner.

SP Google this: 43 CFR-4837

It will explain how to acquire a partners interest that may fit your situation. I could not copy and paste it here for some unknown reason

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Skip, that will not work unless the outgoing partner quci claims his/her share to the new partner.

SP Google this: 43 CFR-4837

It will explain how to acquire a partners interest that may fit your situation. I could not copy and paste it here for some unknown reason

Steve, That was the idea, to have the outgoing partner to quit claim his share to a friend of Steel Pan's

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The link sent me to something about U.S. customs and Border Security. :89:

I just received an e-mail from BLM,...

"There is no actual form required for a relinquishment. A letter would suffice just stating that they are relinquishing their interest in the mining claim...listing the name of the claim and BLM serial number. It would probably be a good idea to have the claimant get the letter notarized so that there could be no question later that they are the one who actually signed the document.
If they transferred (by quitclaim) their interest in the claim to another person or to everyone else on the claim, then a processing fee ($10) is required for each person receiving a portion of the claim. For instance, if there are 7 other people on the claim and the person transferred their interest to all of them through 1 quitclaim deed, then the processing fee would be $70. There is no processing fee for a relinquishment. There is a $10 processing fee for filing an amendment. So, if the relinquishment was sent in with an amendment reducing the claim size, the total cost would be $10."

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ALSO remember all signatures must be notarized prior to for these filings as kalif blm has gone gonzo with every legality to screw ya outta your claims now. After filing in county recorders they want the original document including the documentation # from county clearly legible. One was slightly smudged and sent back--insanity rules-John

Edited by Hoser John
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