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AMRA President Shannon Poe has one of his mining claims illegally top-filed. <br /> A claim AMRA President Shannon Poe(and three others)picked up in 2009 was top-filed by another miner in <br /> 2010. This has resulted in a myriad of angry phone calls and is a prime example of how to handle a situation <br /> like this. <br /> First of all,whomever files first owns the claim if it was filed correctly. Meaning: a proper location, <br /> description,it is on ground open to mineral entry and filing,was recorded properly with the county and has the <br /> proper signatures.The claim must be filed timely with the BLM and recorded within 90 days of locating the <br /> claim. Our claim is 80 acres and has 4 claimants. As a reminder,you need one signature/locator/claimant for <br /> each 20 acres filed so a 20 acre claim only needs one locator/signature, a 160 acre claim needs 8. <br /> This claim has 4 signatures,was properly marked(location date and marker),was properly recorded with the <br /> county,filed with BLM and the description of the claim'is valid and proper. <br /> So what do you do if someone top-files you like this? <br /> Print copies of every document which pertains to the claims and obtain all copies of taxes(if applicable)paid <br /> on the claim to the county from the date of location to the current date. <br /> Write a time line of events. In this case,We typed up a two page time line of the two claims involved from two <br /> years prior to our filing the claim to prove there were no other claims over the ground we were filing. We <br /> included every document relating to the date of all of the claims filed in that section.We referenced each of the <br /> documents as attachments(example: attachment 1 etc...). <br /> Example: <br /> 2009 <br /> All areas within section 32 of 3S, 12E are open for mineral entry and claims location. The land is administered <br /> by USFS (Stanislaus NF). 80 acre placer claim"Golden Nugget"was staked and marked as a discovery on <br /> October 9th,2009 by locator Poe, Seagull, Smith and Decker. <br /> The claim was recorded in Mariposa County October 12th 2009 and the claim was filed with BLM with a <br /> proper description on November 9th,2009. (See attachment 1) <br /> 2010: <br /> Claim named"jumper"was filed with BLM on March 23,2010 over the top of"Golden Nugget"by claimant <br /> Wagner.The claim was recorded in Mariposa County March 27,2010(see attachment 2). Claim owners Poe, <br /> Seagull, Smith and Decker were unaware a claim has been filed over their claim. <br /> Jumper was filed as a 40 acre claim and had one signature/locator/claimant. This invalidates the claim for two <br /> reasons, one the claim was top-filed over another validly held, filed and recorded claim. Two,because the <br /> claim only has one signature and the claim file does not contain any quit claim where one person was dropped <br /> off the claim.The original documents show only one signature. <br /> 2014: <br /> Claimant Wagner was witnessed by miner and claim owner Smith posting claim markers on Golden Nugget <br /> claiming the claim is "Jumper". Smith informed Wagner the claim is not his and Golden Nugget was filed and <br /> owned prior to his claim being filed. He was informed to cease and desist and remove the illegal claim <br /> markers. Wagner refused. Smith removed claim markers from the claim. Poe calls Wagner and informs <br /> Wagner the claim is not his and to cease and desist. Offers to provide all BLM and county documents proving <br /> legal ownership.Wagner refuses and hangs up. <br /> 2015,2016: <br /> No contact with Wagner and no issues reported. <br /> May 2017: <br /> Wagner resurfaces and claims Golden Nugget is his claim and that Jumper is 160 acres and encompasses the <br /> entire lower SE section. Makes a statement to mining partner of Poe,Dan Seagull that he is calling the Sheriff <br /> and have all parties arrested for claim jumping and trespass. Informs all parties to cease any and all mining <br /> operations. <br />