Wild Abandon, Shakers and Old Jalopies Back on the Claim

[Joe S (AK)]

Today I was asked some well thought out questions about abandoned State of Alaska mining claims and I’d like to ask if some here might have better first-hand knowledge on a few things. The question revolves around private, abandoned property on new or old State mining claim properties.

For example, on an abandoned, older state administered mining claim ground – not under ownership at the current time. From previous workings, if there is reclamation work outstanding, pre the reclamation bond ‘era’, what organization is responsible for determining that it is outstanding and what entity actually performs the reclamation work? “Who” inspects and certifies the work as completed. What entity funds the reclamation?

Now, lets say that there is old equipment (or even an old vehicle of some kind) on a long abandoned claim. What is the procedure for acquiring title for that discarded property by, for example, a private party?

If that claim is re-staked – does the new owner ‘automatically, yet within reason’ acquire ownership of all abandoned items on that new claim? Is the new claim owner responsible for eventually performing the outstanding reclamation work on the claim, originally created by the former ‘owner’?

Another wrinkle – if the “old” claim HAD a reclamation bond on it – how and where can the new owner research that information?

Quite a few questions that I just haven't run up on before.

- Joe -

[Geowizard]

Please note, I am not a mining attorney and I do not offer legal advice. I have experience in all of the issues posed above. If anyone needs a legal reference and or citation of case law, I can dig that up for you.

Note the decision was made in Federal Court by the Soliiciter General, in Anchorage with reference to BLM mining property. It has been applied to State of Alaska Mining property. In general, the SOA mining regs, follow Federal mining law.

With reference to an abandoned mining claim on State of Alaska Domain;

A mining claimant has the responsibility for reclamation on his or her mining claim. Abandonment does not release the prior claimant from that liability. A new mining claimant may have the burden of proof that reclamation work was NOT done prior to his or her acquisition of a mining claim. It is incumbent of a new claimant to document any prior existing disturbance.

Significant disturbance would (should) only have been done under an APMA. An APMA has a Bond that is managed by the State of Alaska. The record will reflect that the claim(s) subject to the APMA were inspected before the amount of the Bond is released to the prior claimant.

The question of bonding is only relevant to the entity that placed the bond.

With reference to abandoned property on an mining claim;

It was decided in Anchorage, Alaska in a case on Federal Domain that when a mining claim is abandoned that the items remaining on the property are also abandoned.

Abandoned items fall into three categories;

Rolling stock includes tractors, trailers trucks vehicles. These are considered abandoned and ownership conveys to the new mining claim(s).


Items of personalty;

Personal items include sluices, pans, screens, tools, hardware, fittings, pumps, pots, - all of the small items remaining on the mining claim convey to the new claimant.

Buried treasure;

Buried items hidden from view may be subject to judgment in a court.

The new claimant is required to Publish a "Notice of Assertion of Ownership" in a local news paper or equivalent. The notice has certain content that describes the mining claim(s), the date of the notice, the new claimant, and it gives anyone having an interest in the assets contained on or within the mining claim 30 DAYS to reply.

I recommend Terry Maley's Handbook of Mining Law for starters.

Otherwise, I can recommend two mining Attorneys.

- Geowizard

[Geowizard]

Squirrels;

In April of 2010, I had a problem with Squirrels.

Wanting to gain control of the problem, I did some research. Then I published a "Notice to Squirrels".

http://www.alaska-gold.com/squirrels.pdf

Never had any more problems!

- Geowizard

[Fleng]

I recommend Terry Maley's Handbook of Mining Law for starters.

You probably are referring to Terry Maley's Handbook of Mineral Law.

That one actually exists!

[Geowizard]

Fleng,

Yes, A very important reference! I recommend it.

- Geowizard

[Fleng]

So I went and looked up this book and it is indeed the definitive reference among the mining offices.

The problem is the book is out of print and not available on any other platform except print and not even through the publisher the Oregon Mining District or some such. I did a library search and some university libraries have copies 2 or 3 hundred miles away. You have a valuable book.

Another book by Haley is Mining Law from Location to Patent (1985) is listed in the local university law library general collection but it is not on the shelf, older, and not current. I'll ask the librarian to do a search and see if one of the professors has it on extended leave.

Why they are making it so hard to see reference material is troubling. Google books has it but they won't let you see more than a paragraph or so.

[Fleng]

Maybe Geo can scan the 800 pages and post it for us?

[Geowizard]

The 1979 printing is available on Amazon.

Handbook of Mineral Law Hardcover – January 1, 1979
by Terry S. Maley (Author)
See all formats and editions
Hardcover
$39.95
2 Used from $39.95


- Geowizard

[chickenminer]

There is a 1999 update by Maley to his 6th edition that is available as a pdf.
I forget where I downloaded it from but it is out there.

[Fleng]

OK. Finally found it. Just a draft copy but it looks good!


https://wzukusers.storage.googleapis.co ... 0Maley.pdf