Load vs Placer claims


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Ive gotten several different answers from people in the past and would like to add to my confusion on this subject.

If a claim is a LOAD claim are you allowed to prospect for PLACER gold on it?

Here is information I pulled from the internet but cannot find any direction from the BLM about it...

Tks all

Tom H.

Q. What are the differences between a lode claim and a placer claim?

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A. Lode Claims cover classic veins or lodes having well-defined boundaries and also include other rock in-place bearing valuable mineral deposits. Examples include quartz or other veins bearing gold or other metallic mineral deposits and large volume, but low-grade disseminated metallic deposits, such as Carlin-type gold deposits and copper-bearing granites. Lode claims are usually located as parallelograms with the side lines parallel to the vein or lode (see Figure). Descriptions are by metes and bounds surveys (giving the length and compass bearing of each boundary line from a central point or monument to each corner post, and then sequentially around the perimeter of the claim). Federal statute limits a lode claim to a maximum of 1,500’ in length along the vein or lode. The width is a maximum of 600’, 300’ on either side of the centerline of the vein or lode. The end lines of the lode claim must be parallel to qualify for underground extralateral rights. Extralateral rights involve the rights to minerals in vein or lode form that extend at depth outside the vertical boundaries of the claim.

Placer Claims cover all those deposits not subject to lode claims. Originally, placer claims included only deposits of mineral-bearing sand and gravel containing free gold or other detrital minerals. By congressional acts and judicial interpretations, many nonmetallic bedded or layered deposits, such as gypsum and high- calcium limestone, are located as placer claims. Where possible, placer claims are to be located by legal subdivision.

The maximum size of a placer claim you may locate is 20 acres. An association of two locators may locate 40 acres, and three may locate 60 acres, etc. The maximum area of an association placer claim permitted by law is 160 acres for eight or more persons. The maximum size of a placer claim for a corporation is 20 acres per claim. Corporations may not locate association placer claims unless they are in association with other private individuals or other corporations as co-locators. The key word here is locators. We have an association of 8 persons that have, in most cases, located 160 acre claims.

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Tom PM Sawmill and ask him to view your post .

The question you asked sounds silly to me but I am not that knowledgeable on the particulars pertaining to the "laws" or regulations.

Sounds like your asking , if you had a load claim whos going to stop you from metal detecting on it or drywashing or wetwashing ???

and if you had a placer claim whats stopping you from exploring it with a pick and shovel searching for a load outcropping ???

I know there are particulars that pertain to each and Sawmill can probably define each very easily and simply.

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Probably ought to clarify......

I have found several areas that have load claims on them that look luscious!

I was wondering if it is legal to prospect the washes looking for placer gold with the detector.

Tks

Tom

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Thanks for the answer...thats why I was asking prior to doing anything :)

There are plenty of areas around those claims that are not claimed I can hit.

Tom

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Tom

This is an after thought. Go to Bills forum and read about the two guys that

were caught detecting on a lode claim in California. They were doing exactly

what you are asking about. It didn't work out too well for them either.

Regardless of placer or lode,once a discovery is made and the claim is legally

located and filed, all minerals are withdrawn from the public.

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teaher???? I thought it was teacher :)

DOH! Just messin with ya. :)

Tom H.

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Well when I said silly I was under the impression Tom was referring to a claim he or someone he knew well had.

I didn't stop to think he may have been referring to any and or all other peoples claims.

So I was thinking if it were your own claim whats the difference if you walk around detecting it or grab a pick an shovel an start digging around a bit.

Sorry about the mis placed words.

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I was just thinking on going onto that claim with a bottle and getting loaded and then do some target practice with my 12 guage and a box of #6 shot .......:P

Tom

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After beeping for a day and returning to the truck listing to port, I'm sorry that I tought you to shoot one of those lead scatterers. Take your bottle but leave the #6 at home please. I hate lead shot worse than Limburger Cheese.

Old Tom

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Frank

I was thinking the same thing,but in the back of my head ,i got the idea he was

asking about a trespass issue. That is why I said it wasn't a silly question, no big

deal . :P How hot is it in your neck of the woods?

The mornings are great its starting to get warm in the afternoon.

I was out wednesday and by noon it was feeling like the begining of summer.

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Getting back to Tom's question. About differences between Lode and Placer claims. Perhaps one viewpoint is that Lode is hard rock in place including veins. In line to interpertations by the Blm.

Placer generally speaking is in relation to sand and gravel with sometimes water. Plus their other dimension differences and extracting methods.

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The thing is, BLM wants their money for claims bottom line! Correct me if I'm wrong, but there can be a blanket of claims laid over the same claim. For example, placing a placer claim over a load claim, or something like removing black sands garnets. This can be done and legal through the BLM, but they aren't going to protect you from the guy that just got his claim worked over by the legal system. Getting claims is a ton of work, so the owners typically won't back down easy.

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Nuggetslayer

Someone gave you some bogus information.

You can not file a placer over a lode claim and gain any rights period.

Just the act of filing a placer over a lode automaticly voids the placer

from the start. Filing a placer over your own lode claim will void both

claims. But you can overfile a lode claim over your own placer claim

and gain rights to both lode and placer.

Any lode claim filed over another claim without permission of the first

claimant is also null and void from the start. Getting rid of an overfiler

is simple and you do not need the BLM for that job. There is no reason

to let an overfiler get away with it,and it is dumb to let one stay.

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  • Admin

Hello Guys,

Overfilling is illegal and not allowed, but not that it doesn't happen. Many believe if you have a good claim(s), they will just overfile and then the minute your claim(s) expire they will automatically get your claims. This is not true! People do make mistakes when they file, or draw their maps wrong. The BLM in Arizona at least is getting much better catching these things when you file or claim, but they can't catch everything.

Rob Allison

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In reality, if you file any claim over another claim it can be recognized as mineral trespass. This is because when you file a claim you admit to making a discovery. That discovery in itself is mineral trespass you have admitted to in a legal document!

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:spank::angry: It's a strange world out there!!!!!!!!!!!!

Here in Canada you can stake placer over hard rock and vise versa...

Doesn't make sense to me for some jack ass to take up 60 acres or so

so nobody can use it just for the sake of a mine hole 3' wide by 6'or so high

RJ

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