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GENERAL33431
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GENERAL33431
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Last modified
8/24/2016 7:55:25 PM
Creation date
11/23/2007 7:37:54 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M2002003
IBM Index Class Name
General Documents
Doc Date
1/17/2002
From
TOPAZ MOUNTAIN GEM MINE
To
DMG
Media Type
D
Archive
No
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Page Five <br />Taken into consideration is the fact that there may be <br />a presumption that a particular location is valid when <br />challenged by later locators. However, that presumption <br />does not extend to the point where an invalid location <br />will exclude the general public from making a valid lo- <br />cation on the same mineral deposit. <br />The purpose of the mining law is to further the speedy <br />and orderly development of the resources of the public <br />land and that purpose is not met by acknowledging that <br />invalid mining claims are valid. <br />The evidence introduced by plaintiff by 3 lay persons <br />was entirely insufficient to convince this finder of fact <br />that plaintiff and the other locators were justified in <br />relying on the lode locations where there were no lodes. <br />The opinions of the 3 lay witnesses was not at all <br />convincing. They testified there were veins in place, but <br />there was nothing to support those opinions. The more <br />sati:afactory and convincing evidence was that of the <br />geologists Diyers and Johnson. The conclusion here is that <br />the geologists were correct in stating there were no veins <br />or lodes on the claims, Pilot #1, Mukunda, and l4ukunda #2 <br />and i:hat the conclusions of the "rockhounds" was in error. <br />This toaster is aware that there are mineral deposits <br />where: it is difficult to determine whether thL deposits should <br />be properly located as a lode or a placer and that there <br />are eases which so hold. In this case, that is not the <br />situeition. Neither the locator, the lay r.+itnesses, or the <br />yeoloyists described any lode within Pilot '!l, *".ukunda, <br />or J~tukunda #2. There was no reference to any footwalls, <br />hanyi.ng walls, or other geological or mining criteria which <br />would indicate to this Master that there was a body o.f <br />minex'al bearing rock within walls of neighboring rock. <br />Plair~i:iffs strongest witness, Blair Roberts, was unable to <br />pinpoint any veins of ore on any of those claims unless the <br />blocks of granite that he found could be considered such, <br />and he acknowledged those had been moved, and were not <br />"in Flace". <br />Plaintiff enjoys the aesthetic value of the claims, <br />and the environment would probably be better protected if <br />she were to prevail. However, that does not seem to be <br />the purpose of the Federal and State statutes concerning <br />location of mining claims. <br />This 'caster was not convinced by Plaintiff's testimony <br />that veins were found by her and the other locators. <br />Plaintiffs evidence by way of letter from the Forest Service <br />and payment of some taxes to the Park County Treasurer. does <br />not create lodes which otherwise do not exist. <br />
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