Living History Property Opportunities
The Spell
There’s a place out there and it’s Haunting;
It’s luring me on, as of Old;
Yet it isn’t the Gems that I’m wanting.
So much as to find, and to Hold.
It’s the magnificent Land out yonder,
It’s the forest where Silence has lease;
It’s the Beauty that thrills me with Wonder,
It’s the Stillness that fill me with Peace.
Living History Property Opportunities
In the cavalcade of historic events which shaped the destiny of Our Nation, one stands out in retrospect for its dynamic, far -reaching, long-enduring impact.It triggered the greatest peaceful migration of all time. It redirected the course ofAmerican History. It blazed the trail to settlement and development of our Nation.
It unlocked a treasure chest of incomparable riches which aroused the envy and commanded the respect of the world. The Spirit Of America, rendered in Pure History. The Historic Figure of the Prospector has always epitomized the courageous and entrepreneurial spirit of America.
When Prospectors first explored the Mountains, little did they know they would begin a legendary migration to The West. Once it was opened, they came with their dreams of a new Life and Land. The Frontier demanded courage and determination.
It shaped strong independent individuals who, because of the solitude, valued the
land and the things it had to offer.Even though to many, the frontier has closed, we Westerners still hold on to some of that freedom and still retain that ability to improvise. It’s part of what makesvbeing in The West so Exhilarating.
One of the Rare Opportunities that we Americans have had available to us for 100 years is the ‘Right’ to Possess and Hold Mining Claims… Real Property. Little known to most, is that this Opportunity Still Exists Today. The Opportunity to go Back To The Land. Back To The Basics of our Forefathers. That same Opportunity which drove our forefathers forward to the Promised Lands Out West.
How many times have you thought of Owning A Piece Of The Mountains ? Having A little Retreat Of Your Own. A Hide-a-way Just For You. A Place To Regain Some Peace Of Mind, Appreciate And Communicate With Nature. The Satisfaction Of Glancing Around You And Seeing The Treasures Of The World. A Place To Re-establish Family Ties And Communication. Something To Work Together For The Future. The Opportunity To Own A Small Piece Of Yesteryear - - - Today ! The Opportunity To Be Part Of History While Investing In Your Future. And, At A Price You Can Afford !!
Where Else But In America Can You Find An Opportunity Like This - - - Today? To us, Mining Claim Ownership exemplifies something important about Life in the American West. Not simply the eccentricity which often accompanies rugged individualism, but the Freedom you find here in the Mountains to do whatever it is you like and the ability of Westerners to Improvise.
You’ll explore a world far removed from the cities, a world that is only a memory or a dream in other parts of the country. A world where s Special Breed Of People tamed a land and forged a new way of life. . . A Special Place where the Tradition Of History is surviving and growing.
Discover a Rare New Way Of Life that shares your devotion to Quality . . . Quality in Life, the Environment you are Building, and Creative Rewarding Ways you spend Your Leisure Time. Experience the Peaceful Solitude of Moments our Forefathers must have known. Step in to an Adventure filled with Opportunities and Challenges. An Adventure unlike any experience you’ve ever had. It’s a way of life . . .A Romance that has drawn Men and Women to the West since the beginning of time. For many, that Adventure remains the most incredible experience of their lives. An experience rich in lifelong memories, and plans for the future. This is why we invite you to join the Proud Men and Women Of Mining. A Family of Americans who enjoy the simple pleasures that make life worth living and who find many of them with us.
There is nothing mysterious about Mining Claim Ownership. It’s just knowing how . . .
Your Forefathers knew very little, but they learned. And, once you learn, owning your own Mining Claim Property, your own Real Property, is a relatively simple procedure, full of fun and excitement; bringing to vivid life all the Romance and Sheer Adventurous Spirit of the Old West.
The United State Supreme Court has ruled “When the location of a Mining Claim is perfected under the ‘1872 Mining’ Law, it has the effect of a Grant By The United States Of The Right Of Present And Exclusive Possession.
The Claim is Property in the Fullest Sense of that term; and may be sold, transferred, mortgaged, and inherited . . . And is “Real Property” . . . The owner is not required to purchase the claim or secure patent from the United States; but so long as he complies with the provisions of the mining laws, his Possessory Right, for all practical purposes of Ownership, is as good as though secured by patent.
Prospecting can be a very Exciting and Rewarding Recreation Or Hobby as well as A Business. Many Part-Timers own Mining Property and they are people just like yourself, who started out with little or no knowledge and went forth to learn and claim their ‘Piece Of The Rock’. In the U. S. almost all mining for Gems is done by private Individuals who are Amateurs. Many are Part-Timers, Week-Enders, and/or Vacation-Time Miners. Many Mineral Deposits do not require large mining operations or activities to obtain. Much is done with hand tools (small picks and shovels), and on foot or horseback.
For 25 + years my wife and I and our children Lived On A Mining Claim in the Mountains. We Built our Comfortable Cabin from Native Logs and Mined Amazonite (Amazon Stone ) and Other GemStones and Rare Earth Minerals; Enjoying the Wilderness and the Opportunity to Live With The Land as our Forefathers Did.
Many Advantages, including Tax Advantages, are Available To You as a Mining Claim Owner Such As; No Property Tax, Deductions For Investment Depreciation, Equipment, and Trip Expenses To Your Property. How About A Tax Deductible Vacation and / or Weekender. Not To Mention The Income potential. Now, more than ever before, in these times of Economic Uncertainty and World unrest, you need a back up. A Wise Man will make more Opportunities than he finds. The only security in life is your own ability to sustain. Hard times, economic problems, depression, disaster; Your Mining Claim Will Always Be There To Fall Back On! A trip to a World of the Past can have a Peace and Quiet, Opportunity and Security, that is rare today. We’ll Escort You Through Another Corner Of History That Is Alive And Thriving Today.
Of course, the best way for you to judge the quality and value of this is to examine and explore it. That Is Why We Are Here . . . To Help and Guide !
A New Idea Can Be A Fascinating Thing To Watch; And Especially If You Have One Of The Best Seats In The House. This is The Kind Of History You’ll Like And Live . . . History That Goes Beyond The Textbooks . . . History That Deals With The How To Really Do It. You’re about to embark on A Great Adventure Of Learning And Discovery. This Moment From The Past Can Come Alive For You Through Our . . .
Thank You . . . And Welcome To . . . .
LIVING HISTORY WEST ! !
Court Decisions Excerpts
Additional Information
In a landmark case , the Supreme Court stated that: "When the location of a mining claim is perfected under the law, it has the effect of a grant by the United States of the right of present and exclusive possession. The claim is property in the fullest sense of that term; and may be Sold, Transferred, Mortgaged, and Inherited without infringing any right or title of the United States and is considered real property."
In ordinary English, a "claim " is merely a demand for something, or an assertion of a right where the right has not been established. The phrase "mining claim" therefore probably connotes to most laymen an unsupported assertion or demand from which no legal rights can be inferred. But that is emphatically not so. In law, the word "claim" in connection with the phrase "mining claim" represents a federally recognized right in real property. The Supreme Court has established that a mining "claim" is not a claim in the ordinary sense of the word--a mere assertion of a right--but rather is a property interest, which is itself real property in every sense, and not merely an assertion of a right to property.” “The owner of a mining claim owns property, and is not a mere social guest of the Department of the Interior to be shooed out the door when the Department chooses.”
“The owner of a mining or mill site claim does not need a patent, or vested right to issuance of a patent, to possess and use the property for legitimate mining or milling purposes. A mining or mill site claim is property in the fullest sense of the word. Despite the absence of a patent, the government cannot take the a valid mining claim for public use without paying compensation. The owner of a perfected mining or mill site claim is not required . . . to secure patent from the United States; but so long as he complies with all provisions of the mining laws, his possessory right, for all practical purposes of ownership, is as good as though secured by patent.”
“The Army had been sent to Nome to bring order during its gold rush, and the president established a federal reservation for the Army base. The Court, in an opinion by Justice Brandeis, held that a company holding a mining claim at the site was entitled to compensation for the taking, with interest from the date of the reservation. This case establishes that the government cannot reserve its own land from an unpatented mining claim without paying the owner the value of the claim, because an unpatented mining claim is Property."
“A dwelling is reasonably incident to a genuine mine or mill site. The need of humans to eat, sleep, and relax in the remote locations where mines have often developed has always necessitated mining camps, bunkhouses, and other dwellings.”
“When the location of a mining claim is perfected under the law, it has the effect of a grant by the United States of the right of present and exclusive possession. The claim is property in the fullest sense of that term . . . ." The Court held that the owner of a perfected mining claim "is not required . . . to secure patent from the United States; so long as he complies with all provisions of the mining laws, his possessory right, for all practical purposes of ownership, is as good as though secured by patent."
The U.S. Court of Appeals for the Ninth District has upheld in its entirety the 1872 Mining Laws. In the case of USA vs. Shumway, opinion filed 12/28/1999, regarding mining claims and mill site claims, Judge Kleinfeld has ruled that the mining law is still in effect .....An unpatented mining claim remains a fully recognized possessory interest and that FEDERAL MINING CLAIMS ARE PRIVATE PROPERTY WHICH ENJOY THE FULL PROTECTION OF THE AMENDMENT. The court held that the unpatented “title of a locator” is “property in the fullest sense of the word"....the Forest Service may regulate use of National Forest Lands BUT ONLY TO THE EXTENT THAT THE REGULATIONS ARE “REASONABLE” AND DO NOT IMPERMISSIBLY ENCROACH ON LEGITIMATE USES INCIDENT TO MINING CLAIMS. CONGRESS HAS REFUSED TO REPEAL THE MINING LAW OF 1872. ADMINISTRATIVE AGENCIES LACK AUTHORITY EFFECTIVELY TO REPEAL THE STATUTE BY REGULATIONS.
The locators of all mining locations…so long as they comply with the laws…
shall have the EXCLUSIVE right of possession and enjoyment of ALL surface
located within the lines of their location…
