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Right to access your claim


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Well, I always thought I had the right to access to my claim. Guess what, not all that simple.

The Piss Firs just let me know that they are closing my access road. When I asked about my

legal right to access I was told, "sure, you can have access, you just need to post a bond and

maintain the road".

I've been clearing the road of debris for the last 7 yrs, only now I would have to post a bond

of several thousand dollars, AND install culverts, AND re-construct the road to width and surface

requirements. (and they would get a FREE upgraded road)

I hate to admit defeat, but I'm done, there isn't any way I can meet their demands. I am currently

in the process of removing ALL the "stuff" I have on the claim or face exuberant fines and fees. 

Since I no longer have legal access, as of Sept. 1, 2016, and can not afford to hold a claim I can't

access, I have to let the claim go. :idunno:

 

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 MMAC/ PLP/local mining district( which district?) able to offer any help/advice?

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We have been going through this for years. You are being fed bs-get it in writing first and take it from there with an appeal. Costs you nothing to force their hand as studies of that spot must be produced to justify such insanity,just file a appeal. You cannot be forced into this insanity as egress and regress is guaranteed by dozens of laws. John

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What both the hillbille & Hoser John said.. Answer to homefire's Q too..?

How far back is your claim from the closure point..? And what do you mean by "legal access..?" 'To' your claim or 'on' your claim..? I'm hoping you mean should you not pay this coming year's claim fee(s), which would deny you exclusive mineral right's access 'on' the claim..  Because as far as I know "they" cannot deny you access 'to' your claim but "they" can (illegally?, with ball in their court) deny you access to claim boundary via motorized vehicle (and am not sure if that does or does not include two-wheelers..) You can walk in and/or lead a pack animal(s) in no problem..

Open communication with the folks suggested (and others) before giving up your claim, Steel Pan..

Swamp

Edited by Swampstomper Al
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5 miles to the start of the road closure, which I would have to keep open since FS does not maintain that 5 miles.

1 mile up closed road to S end of claim, absolutely NO vehicle access from closure point to claim boundary.

By legal access, I mean using authorized access rather than just boony stompin' my way in where ever I find a path

.Not only can I not afford a horse/ mule, I have no place to board it on my own, I'd have to rent board.

( if you note, in my original post I said "piss fir", that's Forest Service to you laymen. )

As I mentioned, I can have access as long as I post a bond and cover cost for construction and maintenance.

Too bad my last name isn't Clinton, I could do what the H*** I want, and get the gooberment to pay for it.

 

 

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What does the Bond cover ?  Something sound bogus if there closing the road and yet will let you use it if you construct and maintain it.

 

Contact these people and see if they have a way to snuff it.   https://americanminingrights.com/the-miners-fight-back-against-road-closures/

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1 hour ago, homefire said:

What does the Bond cover ?  Something sound bogus if there closing the road and yet will let you use it if you construct and maintain it.

 

Contact these people and see if they have a way to snuff it.   https://americanminingrights.com/the-miners-fight-back-against-road-closures/

I agree with Homie -- You definitely want to have a chat with Shannon Poe..

Swamp

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Theoretically, a bond would cover corrections for any unapproved or inappropriate construction activities that don't follow county, state, or fed codes.

According to "guidelines", there is only one way to skin a cat, and don't you dare change any part of the process, even if you still get the critter skinned.

So far, all advice outside this site recommend getting an  attorney in order to lay the groundwork. Well, that ain't happenin', $$$$$$$$$$ I just don't have.

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Lyers just suck your wallet dry. Done this at least a dozen times, no big deal as groundwork laid no matter FS/BLM. SHOW ME THE PAPERWORK is your golden access passport to your claims. Words outta idjet bureauratz mouths is just blue sky and bs....John

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If you quit, they win.. And this is how they win -- one claim holder at a time..

Talk with the above mentioned org's.. They've been down this road before and know the ropes..

Swamp

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I like the Idea of SHOW ME THE PAPER.  

 

1. Why are they closing the road ?

2. Under what Authority are they closing the Road ?

3. Under What Authority can they let a outside entity reconstruct the road and allow continued use of said road ?

4. Are they closing the road due to funding and maintenance ?

5. Can they down grade the designation of the road to one that does not Require Maintenance ?

This is the stuff I would be asking.

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