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Can we patent our mining claim?

The mystery of Land Patents unveiled.

Moderators: Tnias, Jus

Posts: 1
Joined: Wednesday September 2nd, 2015 4:36 pm MDT

Can we patent our mining claim?

Postby Digger+22 » Friday October 9th, 2015 6:30 pm MDT

Our claim is in Liberty, WA. I have looked on the BLM website and there are patents all through the area, most of which are from the late 1800's and early 1900's. Part of our claim seems to be on a Northern Pacific Railroad patent that appears to have been reconveyed back to the government. I have not yet found any other patents on the rest of our claim. It is located in the Wenatchee National Forest and is one of the oldest mining areas in the U.S. The local miners are trying to reinstate this area as a mining district but they have not completed the legal process. I know of two miners that have claims on private land in that area that are in process of bringing up the patents on their land/claims. Several other of the miners have expressed interest in being able to patent their claims. I have many questions but I will start with these. Can I, as a living soul, patent this reconveyed land based on a mining claim? Can I purchase or bring forward the patent/deed originally granted to the railroad and currently reconveyed to Corp USA? And what about the part of our claim that is held by Corp USA as part of the Wenatchee National Forest?
Thank you so much for pointing us in the right direction in researching these questions.
With shovel in hand,
Digger Doug

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Re: Can we patent our mining claim?

Postby Admin » Friday October 16th, 2015 6:49 am MDT

:h: Doug:
Please understand the nature of your question is inherently one asking for advice; respectively, we refer you to Rule 5 of our Forum Rules and to those rules’ section titled: “Advice”.

Nonetheless, we can ignore that part of your inquiry’s nature and reply with something more akin to what Team Law does as it can be related to the general topic of your inquiry; hoping that will help you.

The bottom line: said rules (at Rule 3) provide the purpose of our Open Forum system is: “To eliminate e-mail to and from Team Law while providing a resource where people can learn about Team Law and our work to preserve our country.” Respectively, the Team Law’s purpose is to help people learn how to learn the law (with its language and history) firsthand, from its source; so, they can learn how to apply the law; and, thus, save themselves and our country.

Accordingly, Team Law can help you learn how to learn the law; so, you can know the answer to your inquiry without any need for relying on any other party’s opinion based advice of its effect.

In direct relation to the topic about which you inquired, following the Standard for Review there are at least three fact based elements from which you would be able to begin to discover the answer to your inquiry:
  1. The terms of, conditions of and chain of title to any existing land or mining patent and/or privately secured land rights;
  2. Evidence that anyone has followed the pattern, secured in law, for securing land and mining interest claims; and,
  3. What you have done to secure any potential you may have in making a lawful claim of interest in either the land (domain) or mining rights.
The Standard for Review should provide you with an understanding of the proper hierarchy of rights to claim any such rights and the process for securing a proper right to claim any available patent/patentable rights.

With that information in hand, you should be able to answer your inquiry. As a Team Law beneficiary, we would be able to help you learn how to discover and learn to understand all of those elements; thus, your understanding could easily become irrefutable.

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