Unlicensed Practice?
- Jim Frame
- Posts: 1599
- Joined: Thu Oct 17, 2002 8:52 pm
- Location: Davis, CA
- Contact:
Unlicensed Practice?
http://www.ebay.com/itm/Mining-Claim-Staking-Service-Corner-Post-Marking-Field-Survey-Land-Man-Gold-Mine-/311302809882?pt=LH_DefaultDomain_0&hash=item487b17e91a
This seems pretty shaky to me. Ric?
This seems pretty shaky to me. Ric?
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Darth Vader
- Posts: 16
- Joined: Fri Dec 06, 2002 10:34 am
- Location: California
Mining claim
Jim,
According to federal mining laws, anyone can stake a claim. If you want to patent the claim, it must be surveyed by a licensed surveyor HOWEVER, in the 1980's the Interior Secretary, Bruce Babbitt placed a moratorium on patenting mining claims, which still exists today. To my knowledge, there are no state laws that trump this. Let me know if you know anything different.
Darth
According to federal mining laws, anyone can stake a claim. If you want to patent the claim, it must be surveyed by a licensed surveyor HOWEVER, in the 1980's the Interior Secretary, Bruce Babbitt placed a moratorium on patenting mining claims, which still exists today. To my knowledge, there are no state laws that trump this. Let me know if you know anything different.
Darth
- Lee Hixson
- Posts: 577
- Joined: Fri Jul 02, 2004 8:03 am
- Location: Yuba City, CA
- Contact:
But what about his use of GPS to "locate" the stakes set to mark the "boundary" corners of the claim?
"Each stake is photographed with a GPS time and location stamp showing the coordinate and date and time of staking so you have a permanent record that your claim was staked properly."
I'm not sure (just thinking out loud here) but what about:
"8726 (e) By the use of the principles of land surveying determines the position for any monument or reference point which marks a property line, boundary, or corner, or sets, resets, or replaces any monument or reference point."
"Each stake is photographed with a GPS time and location stamp showing the coordinate and date and time of staking so you have a permanent record that your claim was staked properly."
I'm not sure (just thinking out loud here) but what about:
"8726 (e) By the use of the principles of land surveying determines the position for any monument or reference point which marks a property line, boundary, or corner, or sets, resets, or replaces any monument or reference point."
R. Lee Hixson, PLS 4806
"Brevity without uncertainty or ambiguity"
"Brevity without uncertainty or ambiguity"
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Jay Wright
- Posts: 122
- Joined: Mon Sep 20, 2010 11:39 am
- land butcher
- Posts: 1615
- Joined: Fri Jul 26, 2002 7:26 pm
- Location: calif
About 20 years ago a surveyor friend was looking into getting a federal license to survey mining claims. One of the requirements was a star or sun shot from 2 control points. Now with GPS has the law been changed?
Sounds like this company is avoiding the rules by not filing docs.
Sounds like this company is avoiding the rules by not filing docs.
Defund govt
To fully fund govt first the national debt would have to be paid. The US Govt is $18 TRILLION in debt, using 350 million people in the USA it would require $51,000 from every man, woman and child to pay it off. And that's just the Federal debt. Did you write your check yet?
To fully fund govt first the national debt would have to be paid. The US Govt is $18 TRILLION in debt, using 350 million people in the USA it would require $51,000 from every man, woman and child to pay it off. And that's just the Federal debt. Did you write your check yet?
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MDL
- Posts: 1
- Joined: Thu Dec 12, 2002 8:08 am
- Location: San Francisco
About ......back in 81...staked 3 mining claims in the desert. If I remember right, to be able to stake a claim was to pass a special test given in Alaska to become a mineral surveyor. We used the 1973 Manual, found closing corners, 1/4 corners, section corners and calculated center of section. Set a post, a pile o rocks and a container with a copy of the claim.
From what I remember...I was a kid back then.....
MDL
From what I remember...I was a kid back then.....
MDL
- Peter Ehlert
- Posts: 717
- Joined: Sun Oct 26, 2003 2:40 pm
- Location: N31°43', W116°39'
- Contact:
looks like a fraudulent practice to me.
I sent a message to the "seller" asking if he is a LS and how he avoids filing requirements...
"Department of Land Transfer Information Inc." and a cute "uniform" :-)
watch the video on youtube, see the comments: https://www.youtube.com/watch?v=RXZaq9Bgtvo
I sent a message to the "seller" asking if he is a LS and how he avoids filing requirements...
"Department of Land Transfer Information Inc." and a cute "uniform" :-)
watch the video on youtube, see the comments: https://www.youtube.com/watch?v=RXZaq9Bgtvo
Peter Ehlert PLS 5116 (retired)
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RAM
- Posts: 770
- Joined: Thu Mar 31, 2005 8:16 am
- Location: Central Cal Mountains
- Peter Ehlert
- Posts: 717
- Joined: Sun Oct 26, 2003 2:40 pm
- Location: N31°43', W116°39'
- Contact:
EBay message:
Dear scyros35,
are you a licensed land surveyor?
you say no documents are filed... it is required by law to file either a corner record or a record of survey. how is it that you do not need to comply?Response:
Hello,
Thank you for your interest. We're not actually providing survey services, we are only providing a service to stake corner boundaries/Markers for mining claims.
that clears it up! end of story... ?
Dear scyros35,
are you a licensed land surveyor?
you say no documents are filed... it is required by law to file either a corner record or a record of survey. how is it that you do not need to comply?Response:
Hello,
Thank you for your interest. We're not actually providing survey services, we are only providing a service to stake corner boundaries/Markers for mining claims.
that clears it up! end of story... ?
Peter Ehlert PLS 5116 (retired)
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dmi
- Posts: 981
- Joined: Wed Dec 08, 2004 7:42 pm
- Location: San Francisco
- Contact:
federal interest lands
Mining claims on Federal Lands are subject to federal rules.
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Jay Wright
- Posts: 122
- Joined: Mon Sep 20, 2010 11:39 am
Thank you for your interest. We're not actually providing survey services, we are only providing a service to stake corner boundaries/Markers for mining claims.
I contacted him on Ebay as well, above is the response.
Looks like a cut and paste of his response to others.
I asked him if there was any sort of license associated with his practice to make sure he put the corner BOUNDARY markers in the right place.
And I asked him if he could stake a house lot for me.
On a side note, has anyone tried the Garmin Montana 650t this guy uses?
Looks like a nice one. My etrex died and I need (not really) a new handheld.
I contacted him on Ebay as well, above is the response.
Looks like a cut and paste of his response to others.
I asked him if there was any sort of license associated with his practice to make sure he put the corner BOUNDARY markers in the right place.
And I asked him if he could stake a house lot for me.
On a side note, has anyone tried the Garmin Montana 650t this guy uses?
Looks like a nice one. My etrex died and I need (not really) a new handheld.
- Frank Romano PLS
- Posts: 20
- Joined: Sun Apr 01, 2007 5:06 pm
- Contact:
- Jim Frame
- Posts: 1599
- Joined: Thu Oct 17, 2002 8:52 pm
- Location: Davis, CA
- Contact:
I tried using my cell phone as a handheld replacement when my Garmin 12CX stopped recognizing its internal antenna, but after about a year I got tired of the clumsy waypoint support and limited battery life, so I bought a Garmin etrex 20. It does everything I need it to do for recon purposes, and I don't regret the purchase.