Amending a Claim

[WildernessAU]

I made a small mistake on my claim paperwork. I have 30 days to remove amend/fix the error. One zero out of place...atleast I have time to fix it.
To ammend my Location certificate, should I just print up a new one with the error fixed and send it in? I know that I also will have to re-file with the county.
What all can I change without having to file a new claim and pay the $$$?
I know I cannot make a claim larger through an amendment but can I change the shape of the claim keeping within my 20 acre limit?
Hopefully some of you have dealt with this in the past and can shed some light on this for me.
Thanks

[Hoser John]

BLM.gov has the forms for a amended notice of location,used to cost $10 with the BLM and can be filed anytime,no 30 day requirement. Explicit instructions are there to guide you on what you can change and not-John

[WildernessAU]

Thanks John, I shoulda looked there first, I guess I just like your guy's knowledgeable help..
D

[Geo-George]

BLM.gov has the forms for a amended notice of location,used to cost $10 with the BLM and can be filed anytime,no 30 day requirement. Explicit instructions are there to guide you on what you can change and not-John

I can't seem to find the forms on BLM's site. I will contact BLM by phone to have them send the appropriate forms.
Does this amended notice include any change of partners on the claim?
We have a partner that may not want to renew his partnership.

[Geo-George]

BLM.gov has the forms for a amended notice of location,used to cost $10 with the BLM and can be filed anytime,no 30 day requirement. Explicit instructions are there to guide you on what you can change and not-John

I can't seem to find the forms on BLM's site. I will contact BLM by phone to have them send the appropriate forms.
Does this amended notice include any change of partners on the claim?
We have a partner that may not want to renew his partnership.

Did some research and found lots of info on several subjects regarding claims.

Pertaining to my specific delema:

"Aquiring a delinquent co-claimant's interests in a mining claim or site."
This can be found in the "Federal Registar", Vol. 68, No. 206, Part 3837, page 61078.
By failing to meet the requirements regarding their equal partisipation as to fees or maintenance activities, they risk loosing their interest in the claim or site.

I'm not going to play games, the share of fees is $30 a year.
( and the guy wants to argue about the cost )
Pay up or you are out!

[Hoser John]

Legal partner MUST sign a quitclaim deed to relinquish his % and then file it and amended notice of location at the same time-what state you in as 0 profile-John

[Geo-George]

Claim is in Calif.
My above post is correct. No need for a quit claim.
The offender has 90 days to pay up after notification of non-payment.
The % is conveyed to the remaining claimants.
If you can find info contrary to the above rule I'd sure appreciate that info.

[Geo-George]

I copied this from the Fed Register.

PART 3837—ACQUIRING A
DELINQUENT CO-CLAIMANT’S
INTERESTS IN A MINING CLAIM OR
SITE
Subpart A—Conditions for Acquiring a
Delinquest Co-Claimant’s Interests in a
Mining Claim or Site
Sec.
3837.10 Conditions for acquiring a
delinquent co-claimant’s interests.
3837.11 When may I acquire a delinquent
co-claimant’s interest in a mining claim
or site?
Subpart B—Acquisition Procedures
3837.20 Acquisition.
3837.21 How do I notify the delinquent coclaimant
that I want to acquire his or her
interests?
3837.22 How long does a delinquent coclaimant
have after notification to
contribute a proportionate share of the
assessment work, expenditures, or
maintenance fees?
3837.23 How do I notify BLM that I have
acquired a delinquent co-claimant’s
interests in a mining claim or site?
3837.24 What kind of evidence must I
submit to BLM to show I have properly
notified the delinquent co-claimant?
Subpart C—Resolving Co-Claimant
Disputes About Acquiring a Delinquest Co-
Claimant’s Interests
3837.30 Disputes about acquiring a
delinquent co-claimant’s interests.
Authority: 43 U.S.C. 2, 1201, 1457; 50
U.S.C. App. 501, 565; 30 U.S.C. 28.
Subpart A—Conditions for Acquiring a
Delinquest Co-Claimant’s Interests in a
Mining Claim or Site
§ 3837.10 Conditions for acquiring a
delinquent co-claimant’s interests.
§ 3837.11 When may I acquire a delinquent
co-claimant’s interests in a mining claim or
site?
(a) You may acquire a co-claimant’s
interest in a mining claim or site under
the following circumstances:
(1) You are a co-claimant who has
performed the assessment work, made
improvements, or paid the maintenance
fees required under parts 3834 and 3836
of this chapter;
(2) Your co-claimant fails to
contribute a proportionate share of the
assessment work, expenditures, or
maintenance fees by the end of the
assessment year concerned;
(3) You notify the delinquent coclaimant
of the alleged delinquency as
provided in § 3837.21; and
(4) If, within 90 days following the
date the delinquent co-claimant
received the notice provided for under
§ 3837.21 or 90 days following the end
of the publication period described in
§ 3837.21, the delinquent co-claimant
fails or refuses to contribute a
proportionate share of the assessment
work, expenditures, or maintenance
fees, the remaining co-claimants acquire
the delinquent co-claimant’s share in
the mining claim or site.
(b) You may not acquire a coclaimant’s
interest in a mining claim or
site if the co-claimant is on active
military duty.
Subpart B—Acquisition Procedures
§ 3837.20 Acquisition.
§ 3837.21 How do I notify the delinquent
co-claimant that I want to acquire his or her
interests?
(a) You must give the delinquent coclaimant
written notice by mail using
registered or certified mail, return
receipt requested, or by personal
service; or
(b) If, after diligent search, you cannot
locate the delinquent co-claimant, you
must publish notification in a
newspaper nearest the location of the
claims or sites at least once a week for
90 days.
§ 3837.22 How long does a delinquent coclaimant
have after notification to
contribute a proportionate share of the
assessment work, expenditures, or
maintenance fees?
The delinquent co-claimant must
contribute a proportionate share of the
assessment work, expenditures, or
maintenance fees within 90 days after
the date on which—
(a) The co-claimant received written
notice by mail or personal service; or
(b) The 90-day newspaper publication
period ended.
§ 3837.23 How do I notify BLM that I have
acquired a delinquent co-claimant’s
interests in a mining claim or site?
If you acquire a delinquent coclaimant’s
interests in a mining claim or
site, you must submit—
(a) Evidence that you properly
notified the delinquent co-claimant;
(b) An originally signed and dated
statement by all the compliant coclaimants
that the delinquent coclaimant
failed to contribute the proper
proportion of assessment work,
expenditures, or maintenance fees
within the period fixed by the statute;
and
(c) A non-refundable service charge
for a transfer of interest, as found in the
table of fees in § 3830.21 of this chapter.
§ 3837.24 What kind of evidence must I
submit to BLM to show I have properly
notified the delinquent co-claimant?
(a) If you gave written notice to the
delinquent co-claimant by personal
service, you must sign and submit a
notarized affidavit explaining how and
when you delivered the written notice
to the delinquent co-claimant.
(b) If you gave written notice to the
delinquent co-claimant by mail, you
must submit:
(1) A copy of the notice you mailed
to the delinquent co-claimant; and
(2) A copy of the signed U.S. Postal
Service return receipt from the
registered or certified envelope in which
you sent the notice to the delinquent coclaimant.
(c) If you published the notice in a
newspaper, you must submit:
(1) A statement from the newspaper
publisher or the publisher’s authorized
representative describing the
publication, including the beginning
and ending dates of publication;
(2) A printed copy of the published
notice; and
(3) A notarized affidavit attesting that
you conducted a diligent search for the
delinquent co-claimant, you could not
locate the delinquent co-claimant, and
therefore notification by publication
was necessary.

I hope this will help others with a similar situation as mine.
Geo-

[Hoser John]

Like I said and done before, a simple quitclaim and forget all the BS and insane costs-KISS methodolgy is always best-John

[Geo-George]

I agree John, BUT, the person will not sign a quit claim and refuses to pay his portion of the maint. fee explaining that he doesn't go out to the claim anyway. I have no other choice than to invoke the law.
At this point, I can't figure out WHY he wanted in on the claim in the first place.
Geo-