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Mining claims staking service

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Dave Ingram
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Well, here's a new one. And on eBay of all places:

http://www.ebay.com/itm/Mining-Claim-Staking-Service-Corner-Post-Marking-Field-Survey-Land-Man-Gold-Mine-/311302809882?pt=LH_DefaultDomain_0&hash=item487b17e91a


 
Posted : February 25, 2015 5:06 am
jimmy-cleveland
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I believe that would be practicing without a license in the states I am licensed in.


 
Posted : February 25, 2015 7:10 am
jlwahl
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WHO CAN STAKE A CLAIM?--United States citizens who have reached the age of discretion, under the law of the state of residence; or legal immigrants who have declared their intention to become a citizen; or a corporation organized under the laws of any state may locate a mining claim. The government considers a corporation the same as a U.S. citizen. An agent may locate a mining claim on behalf of a claimant. A claimant may hold any number of claims or sites.


 
Posted : February 25, 2015 7:15 am
jlwahl
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I would bet that federal law trump's your assumption's, But let the dogs loose on that... and of course interpretation I is b many wondered ting..
- jl


 
Posted : February 25, 2015 7:22 am
Dave Ingram
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Jerry - would this be for staking a new claim? Or would it also be for relocating an existing claim?


 
Posted : February 25, 2015 7:50 am

jimmy-cleveland
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I have no idea of federal laws.

My first introduction to mining laws was a few months ago when studying for my Kentucky surveying license. I doubt I will ever be involved in any type of mining surveying.

The only type of mining here in West Tennessee that I am aware of are gravel pits. I doubt that is considered mining, but I could be wrong. Engineers are involved with the permitting of those facilities.


 
Posted : February 25, 2015 9:06 am
jhframe
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Department of Land Transfer Information Inc.? With a video showing a guy dressed like a park ranger, complete with sidearm and radio? Who are they trying to fool?

"Our team is full-insured for liability and licensed for field work." I assume that means they all have driver's licenses.


 
Posted : February 25, 2015 9:47 am
scotland
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looking at the feedback, it looks like he has done several even in Colorado. 4 in the last month.


 
Posted : February 25, 2015 10:02 am
Jethro
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See this

https://www.goldrushexpeditions.com/mining-claims-for-sale/ebay-gold-mines/steven-cyros-department-land-transfer-scam/


 
Posted : February 25, 2015 10:03 am
Bruce Small
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Ha! Yup, I bet their only license is for driving a pickup or car.


 
Posted : February 25, 2015 11:06 am

james-fleming
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Seems perfectly legit to me...on the other hand, I did just buy a case of this:


 
Posted : February 25, 2015 11:17 am
R. Michael Shepp
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😉


 
Posted : February 25, 2015 11:38 am
foggyidea
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I couldn't ask a question of the seller on ebay

"We continually monitor all state and county requirements for updates and verify compliance in our documentation."

I wanted to ask if this included applicable land surveying regulations, required accuracy, and plat requirements!

Dtp


 
Posted : February 25, 2015 1:12 pm
imaudigger
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I'm with Jerry

Un-patented mining claims have been "staked" and described in an aliquot method by un-licensed people for 150 years or more in the US. Real property (mineral estate)is obtained in this manner.

It does lead to some messy gaps/overlaps when there are no surveyed sections nearby. Junior/senior rights issues crop up as well from people claiming over the top of others.

A patented mining claim is a whole different issue.


 
Posted : February 25, 2015 1:22 pm
dave-karoly
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I don't think there is a conflict between Federal and State laws in this.

Federal law covers who may stake a claim, no license is required by the Feds.

State Law covers who may hold out to 3rd parties as a Surveyor for a fee within the State borders. Most State laws exempt property owners who may survey their own property. Typically surveyors working for an employer for the employers own purpose don't have to be licensed (contractors come to mind.). The mining company owner or his employee can stake the claim but I think an unlicensed staking service may be illegal.

The question is: is staking mining claims surveying?


 
Posted : February 25, 2015 9:17 pm

wayne-g
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When I moved here to gold/silver country I had never had any dealings with any type of mine issues whatsoever. Oil & gas well permits back in MI, yes. But never a mine staking anything.

I got a quick lesson early on that the only mine anything for a surveyor to touch is a patented mineral claim, ie ownership as issued by the BLM.

From my experience anybody of age can stake any claim they want to. If the claim is accepted, then the claim is valid for its use. No more, no less. They obtain patent then they own the land, if not they move to another pan handler site and stake another claim. The rules for marking your claim are pretty simple as I recall.

Plus in these parts it's pretty rugged terrain, and my body doesn't like that all that much. So I just decline and refer them to a guy who knows. I know he moved to Wyoming, but he's the only expert I know who's still alive and working.

Not to be political, but I think Slick Willy did away with the title of Mineral Surveyor, but it could have been some other slickster.


 
Posted : February 25, 2015 10:58 pm
imaudigger
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> They obtain patent then they own the land, if not they move to another pan handler site and stake another claim. The rules for marking your claim are pretty simple as I recall.

There has been a moratorium on patent applications for quite some years.

What is a "pan handler site"?


 
Posted : February 26, 2015 10:39 am
chuck-beresford
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:good:


 
Posted : February 26, 2015 2:33 pm