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beebarjay



Joined: 30 Dec 2011
Posts: 230
Location: Central Oregon Coast & Az

PostPosted: Sat Apr 19, 2014 2:05 pm    Post subject:  Reply with quote

I HIGHLY DOUBT IT.   READ THE TOTAL ARTICLE BY GETTING ON THE LINK.

Printer Friendly Version of: How to patent your mining claims - A professional white paper by a leading NW mining attorney
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jesseminer



Joined: 08 Mar 2014
Posts: 18
Location: US

PostPosted: Sat Apr 19, 2014 2:26 pm    Post subject: Reply with quote

So even though the claim was discovered, located, marked, and maintained properly. It isn't perfected until it's patented. Right? Until it is, it's still just another un-patented claim.
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Wallrat



Joined: 24 Feb 2012
Posts: 92

PostPosted: Sat Apr 19, 2014 7:10 pm    Post subject: Reply with quote

beebarjay wrote:


Here is what the Supreme court ruled in Belk v. Meagher, 104 U.S. 279 (1881):


"A mining claim perfected under the law is property in the highest sense of that term, which may be bought, sold and conveyed, and will pass by descent."
Please note the critical part I've put in bold. The difference between a perfected mining claim and a simple unpatented mining claim is critical.

Perfect your claim and you will indeed have "property in the highest sense of that term". Claim that you have a superior right without first perfecting your claim and the courts will continue to rule against you.

A claim MUST be "perfected"

You can obtain a patent to your mining claim, if it is located according to the mining law.


The Supreme Court of the United States has said that a perfected mining claim is property in the highest sense of the term. 6

By perfecting your claim and performance of $500 in improvements, 14 you have performed the conditions of the contract on your part to be performed. You are entitled to receive a deed, called a patent, from the United States. You must pay $5 per acre for a lode claim, and any accompanying millsite, $2.50 per acre for a placer claim and any accompanying millsite. 15, 16
[b]
In theory, the patent does not enlarge or diminish your rights dating from the time of your location
, 17 but it does give you the protection and certainty that come with a fee simple title.
When location of your unpatented claim is perfected, you own the possessory title and the right to mine, so long as you perform your annual assessment work. 18 You own the equitable title to the land on which your claim is located. The United States holds the naked legal title in trust for you.



Bejay
[/quote]


 Bejay, this subject has been on my mind a lot lately...as I am thinking of buying a patented claim, and have a claim I would LOVE to patent. I understand patents have not been funded since the  1990s, so how is it possible to still get one, or is there some little known process? If so, what would that be?

 As to the "perfecting" process it seems the only difference between filing an unperfected claim, and the perfected is $500  in improvements.  Is there a BLM process to perfect a claim? If so, how would it be done? Where does this $500 amount come from? I'd like to do more reading on it. Which act or law provides this, I'd very much like to know?

  What is an "equitable title", and what rights go with one? At what point can you say, build a cabin on said claim? Does the government have any retained rights on a perfected claim, and also on a patented claim?  

 What about travel easements and the publics' right to pass over both types of claims? Lots of questions here, but I've tried to do research on the topic and got nowhere.
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beebarjay



Joined: 30 Dec 2011
Posts: 230
Location: Central Oregon Coast & Az

PostPosted: Sun Apr 20, 2014 4:06 am    Post subject: Reply with quote

Perfecting a claim has a purpose.  That is to obtain patent.  I posted how one does that.  One can perfect a claim in order to be ready to apply for patent should they ever fund it.  Funding gets reviewed every 2 years.  The importance of the "perfected" is because of the supreme court ruling.  People leave out the "perfected" aspect of a claim and bring forth all claims as if they all meet the language of the law.  There are claims and there are perfected claims.  You can not mix the two in law.....when one quotes the supreme court.

We often see people bring forth unperfected claims as if they are perfected.  The reason you do not see claim holders obtaining all the benefits of protection under the supremacy clause is because their claims are NOT perfected.

A claim can be perfected and not patented.....by simply doing the process of application and meeting the prudent man concept.  One must PROVE the prudent man concept....and that is by way of meeting the patent process.  I did not say getting a patent makes it perfected.....I said doing the process and MEETING the requirements.

A mining patent is the strongest/complete title existing today in the United States.  When you see a farm using water and all others around it are dry to the bone it is a result of patent....as a complete title resulting from patent has GRANTED use of the water.

Bejay
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Wallrat



Joined: 24 Feb 2012
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PostPosted: Sun Apr 20, 2014 2:05 pm    Post subject: Reply with quote

Something I found today:


http://books.google.com/books?id=...our%20mining%20claims&f=false
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Wallrat



Joined: 24 Feb 2012
Posts: 92

PostPosted: Sun Apr 20, 2014 3:25 pm    Post subject: Reply with quote

Some more:

http://cfr.regstoday.com/43cfr3860.aspx

http://www.ecfr.gov/cgi-bin/text-...wse/Title43/43cfr3860_main_02.tpl

http://www.blm.gov/pgdata/etc/med...anual.Par.72719.File.dat/3860.pdf

http://www.gpo.gov/fdsys/pkg/CFR-...e43-vol2-part3860-subpart3862.pdf

http://archive.gao.gov/d15t6/138159.pdf

BeJay, maybe this should be broken off and  a new thread done on perfecting/patenting, so it doesn't get lost in the fog?
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beebarjay



Joined: 30 Dec 2011
Posts: 230
Location: Central Oregon Coast & Az

PostPosted: Sun Apr 20, 2014 10:14 pm    Post subject: Reply with quote

Did that already some time ago.......read the titles in the General topic


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