Last Post 22 Feb 2015 03:28 PM by  Craig Campbell
lode and placer claim overlaps
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Roland Shafer
Greenhorn
Greenhorn
Posts:5



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26 May 2014 05:35 AM
    i've searched thru the BLM sites and can't find any reference to the legality of prospecting for placer deposits inside the borders of and active lode claim. i'm interested to find out if, by filing a lode claim, that gives the owner of that claim the right to ALL forms of gold deposits within the claim boundaries. if not, then wouldn't it be interesting to sample for placer and if found then file a placer claim on the same property....
    WALTER EASON
    Buzzard
    Buzzard
    Posts:581



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    27 May 2014 07:20 AM
    You can find the answer to this type of question at least in a legal way in court cases, mainly in the IBLA (Interior Board of Land Appeals) cases. They have been mixed in past years but I think that if a claim is filed then no other claimant can locate on it without permission. All this changes if the primary claimant does not have the intent or is not working the claim commercially and the secondary claimant finds a valuable provable mineral deposit and shows capability and intent to mine it commercially. Best to stay off areas where claims are filed. On a placer claim you are only suppose to work the placer deposits which are deposits where the rock is no longer a hard vein or hard rock. This is usually characterized as an alluvial or eluvium deposits but this may not always be the case. If the deposit is decomposed but has not significantly moved. Hard rock such as a pit mine obviously involves both the placer above and the hard rock below. A placer that has veins such as gold bearing ribbon schist that has decomposed may be able to be shoveled like an alluvial deposit that has moved but is still in place. Very grey areas.  
    Roland Shafer
    Greenhorn
    Greenhorn
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    27 May 2014 12:14 PM
    Thank you for your answer. I shall attempt to review the materials that you referenced.
    DENNIS JANKA
    New Member
    New Member
    Posts:56



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    08 Jun 2014 07:33 AM
    most load claims in the western united states also have a placer claim filed with them. this covers most of the mining areas except tunnel mines.
    James M. Duvall
    Greenhorn
    Greenhorn
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    17 Aug 2014 04:52 PM
    Is there any way to access the mining guide online thanks
    WALTER EASON
    Buzzard
    Buzzard
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    18 Aug 2014 07:07 AM
    No it is not online at this time.
    Craig Campbell
    Greenhorn
    Greenhorn
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    22 Feb 2015 03:28 PM
    I remember hearing that once a Lode mine has been claimed, a placer cannot be placed overtop of its boundaries, as where-in, lode mines are allowed to be claimed within an already designated placer mine. I will try to find a reference, as I gleaned this knowledge from one of the many articles I've read, or videos I've watched. Stray Dog Mining on Youtube may be the source...
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