Co Locator Legalities

[WildernessAU]

I want to file an 80acre claim which requires 4 locators. On the location certificate I need to include their address and signatures. I only plan to dredge and maybe do alittle highbanking on the claim and don't plan to cause any significant disturbance or problems. My co-locators are worried about tax and legal issues if anything where to happen on the claim, and if the claim were to be someday sold.
Before or Once the claim is filed is there anyway to put all of the potential burden on one person...me?
I can't seem to find much information about this. It looks like one person can be designated as the power of attorney but I want to eliminate any tax or legal problems entirely for my co-locators.
Does anyone know more about this or know where I should look to find out more information.
The claim is on NF in Colorado.
Can I somehow do a transfer of interest....having the other 3 locators transfer their interest to me? but then me, 1 person would have 80acres....is this possible?

Thanks for any help guys,
D

[russau]

you may not want todo this but a quick way is for them to have their interest of the claim written down as T.O.D. transfer on death..............the go do them in! just kidding!! Leonard is going to bean me for this comment!

[CalGoldDredger]

I have never heard of anybody being worried about all that, ussually worried about maintaing their interest and getting their fair share of the gold before the rest.
I'd give you my signature for it, not a problem, but would expect to dredge on the claim myself.

I do know this, that you are required four signatures on a 80 acre claim and each year you will need four signatures when you file your assessmnet work.
If not then it will not be a legal and binding claim and will leave yourself open so someone could challenge it and win, if it went that far. Or just file over you and win.
We have had some of our family claims since the 50's and have seen our share of problems so we know how to avoid them well, I am guessing.
I know of a neighboring claim close to one of mine that only has one signature and he has had his 80 acre claim for quite a few years. I'm not the only one that knows of this and has been talked about often.
I guess he has never been challenged, but has been scrutinized by a few and fortunately (or not) the claim had been worked hard in the past and no one cared to challenge it.
I know the BLM certainly don't care what was sent to them as long as you send your money you can file just about anything you would like.
Just like the corner markers, no one will check. But when you make the statement that they are up and of correct type, they darn well better be if you are ever challenged. Yep.

Could you split the 80 acres into four 20 acre claims??? Problem solved.

As far as legality and sole interest in the claim, might want to talk to a lawyer (bloodsucker ) someone who specializes in mining properties. If you must, to satisfy the rest of the other parties involved.
Maybe try to get a free consultation for an idea of what the options are.

[WildernessAU]

There has to be some way to do this fairly easily.... I know I can file multiple claims myself but one 80ac claim would cost $200 whereas four 20ac claims would come close to $900.

How does it work when someone buys lets say a 100acre claim. Does the buyer have to come up with 4 other people besides himself to go in on the claim with? or is the entire 100acres transferred over to the one new person...no problemo?
Hmmm,D

[CalGoldDredger]

It is a requirement, 1 claimant per 20 acres still applies, regardless. If you tranfer ownership of a claim (quit deed) you need to tranfer to new claimant(s) depending on size of the claim.
You can have it tranfered to you, soli, and the BLM would file it for their fee but you are inviting future problems and the claim won't be legal and binding in a court of law.
Your local Colorado BLM office should be able to answer question such as these, I would hope. I know the Sacramento office is a great resource for this info here in Cal.

[Hoser John]

Perfectly legal to transfer a LEGAL,up to, 160 acres to a single buyer and no need for multiple claimants. Trust me on one issue--quickest way to lose a great friend or relative is to go into biz with them, loan money or get a claim together without a IRONCLAD cover thy anus contract with all ramifications listed. A limited liability partnership is usually the best avenue to pursue spelling out all CCRs to one and all-John

[CalGoldDredger]

I would certainly check with the BLM now. Hoser might be right as he is much, much, much older and must respect his seniority.
We have never sold any of our claims but it was explained to us by the BLM long ago, might be laws changed since, that in order to hold a claim 1 claimant/signature per 20 acre was required same as locating.
One thing for certian, Keep all the i's dotted and t's crossed to avoid future problems.

Post what you find out. If it works out that way, I might just rid some of my claims of the extra dead weight next September if it be legal. Sorry Dad, sorry bro, sorry uncle.
Nah, maybe not dad, he is still breathing.

[WildernessAU]

Ok, not looking in my favor. I have spoken with one Mining Law Adjucator and someone that sells claims.
For an association claim, you can designate one claimant as the power of attorney/designated agent.....which means that the designated agent can sign for the other claimants for maintenance fee waivers etc..
Like Cal says, even when selling a claim you will need 1 locator per 20acres to have a valid claim.

Apparently there is no way to make one claimant solely liable for the claim. So if anything happens on the claim or a law suit is filed all claimants are equally responsible.

So what if you sell a claim? Do you have to pay tax on your sale price? Do all claimants have to pay tax on it or potentially risk IRS problems?

[Hoser John]

GO ONLINE TO BLM.GOV AND THROW LITIGATOR IN THE TRASH CAN MAN-John QUOTE FROM MANUAL PAGE 13. a SINGLE PARTY CAN MAINTAIN AN ASSOCIATION (oops) placer claim over 20 acres in size,but there must have been sufficent individuals who made the original location on the association placer claim to have met the original 20 acre per claimant rule. Educate and prosper-John

[Geo-George]

John is dead on!
The other partners just need to file a quit claim with transfer of ownership to you, or whoever.
This may or may not involve the transfer of monies. You may give, sell, will or trade your share to another.
As long as it remains an active claim, if not, it goes back to the gov't.
All fees, Fed, State (check with your state office), and County must be, and remain, up to date.