Unpatented lode claim question

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Unpatented lode claim question

Postby Bradrock » Sun Feb 01, 2015 9:45 pm

Does the owner of an UNpatented lode claim with shafts & adits assume any liability for strangers getting injured on the property?
Do they need liability insurance for just such a thing?
I'm thinking of buying a remote abandoned mine for a place to bug out & work tailings & prospect the mine.
But with my luck some dope would fall down a hole the day after I sign the papers, then sue me for not securing the place.

Thanks for any info, Brad
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Re: Unpatented lode claim question

Postby russau » Mon Feb 02, 2015 5:52 am

I would "assume" that you would be liable , BUT in any event if I owned it I would have the enterance secured/ posted to slow down that possibility!
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Re: Unpatented lode claim question

Postby Hoser John » Mon Feb 02, 2015 7:13 am

The liability issue has even forced the feds to close many 1,000s of tunnels BUT then they had to reopen as their solid closures killed all the bats inside. Bars are used to allow access to critters but not 2 legged highgraders. Lode claims are like placer as they can now be taken back by the government for power withdrawls, enviro bs,endangered species and YES you are liable for assinine idiots who do stupid stuff in your hole-John :?
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Re: Unpatented lode claim question

Postby dickb » Mon Feb 02, 2015 11:46 am

What about reclamation costs? Would you also be responsible to reclaim the existing mine by the government?
That could be a lot of money and I would want to know in writing before I assumed ownership.

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Re: Unpatented lode claim question

Postby Bradrock » Mon Feb 02, 2015 2:54 pm

dickb wrote:What about reclamation costs? Would you also be responsible to reclaim the existing mine by the government?
That could be a lot of money and I would want to know in writing before I assumed ownership.

Dickb



That's certainly worth looking into. But the fact that there are all of these company's out west who locate & file on abandoned claims just for re-sale, makes me think they would not take that risk. I know there are folks who own stacks of claim deeds as an investment. I doubt they would take that risk also.
I will keep researching. But my guess is that any enviro stuff would come up when you file your plan of operation.
If I'm just working with a small rock crusher & recirculating sluice or some such & improving & securing the site, I don't see much trouble.
I suspect they look at your financial resources before suing. Mine are in the negative & would be a waste of tax dollars to hammer me too hard.

Of course we all know the feds can do whatever they want & change their mind next week about what they just did.
Don't get me started on the ATF! Heh.....Heh :lol: :lol:
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Re: Unpatented lode claim question

Postby Hoser John » Mon Mar 02, 2015 7:32 am

:shock: It's akin to poking a bear with a long stick....you absolutely never really know what's going to happen....but ya really don't want to be around when it does. Last friday a local mine operator just pulled $100,000++ in fines and jail time too. Document the pre-existing conditions by taking many pics, seal in a big envelope,enclose front page of a newspaper and send it to yourself. Akin to copyright but really covers thy anus and wallet-John
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Re: Unpatented lode claim question

Postby russau » Mon Mar 02, 2015 11:07 am

John that's called a "self patent" and is better than nothing!
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Re: Unpatented lode claim question

Postby dickb » Mon Mar 02, 2015 7:04 pm

Just don't open your package when it arrives. DUH!

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Re: Unpatented lode claim question

Postby russau » Tue Jun 02, 2015 4:35 pm

AND DONT SEND IT AT Christmass time! everything gets opened then and you will have to start over! :D
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Re: Unpatented lode claim question

Postby mikeore » Thu Jul 02, 2015 2:28 pm

If your name is on the paper & it is not secure, tag youz it. Don't get involved with the Ins. you can't afford it. We got shut down for B.S. surface rules last summer. Crusher & related equipment ( it was a clean operation) The war is on in So. Oregon, B.L.M. dose not want miner's here period. Lost ALOT of $$$$. I'm out of biz right now. Gonna give it one more shot then I'm looking to mine else where. Can't tell you how mad I am. Pretty sure they just want to steal my Au How patheticly sick these people are.
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