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Road Closure - Prospector's Locked Out - Decision Corner Weaver Cr

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Road Closure - Prospector's Locked Out - Decision Corner & Weaver Creek

 

 

Chris can you share any additional info regarding this lock-out?

 

Received this information in the July 2015 Roadrunner's Prospecting Club's News Letter.

 

A problem has developed on the Rich Hill claims and I am therefore sending everyone a cautionary warning. The road where a left turn is made at “Decision Corner” on the Weaver Creek Road is now blocked with a gate with a “no trespassing” sign that the owners are en- forcing. We have had some members trying to get to our claims turned back with harsh words from the purported owners or representatives. Our members have all acted in a courte- ous fashion and therefore avoided any unpleasantness. I strongly urge all members act like- wise if confronted with type of a problem wherever it may occur. The Board is now alerted to the problem and we are looking into it to see if we have a right to continue to use the road or must find another way to those claims, if possible. I have prospected in that area for about six years and I am sure other members have prospected on those claims for many years before I first visited them. Nonetheless, we now have a problem and I do not recommend anyone at- tempt to use that road without specific permission from the purported owners. If we have le- gal rights we will assert them, but the Board does not want any harm to come to any person. After all, this is a recreational pastime even though under the law it is clearly mining protect- ed by the 1872 Mining Law. If other members have encountered problems of this nature, please let the Board know.

 

Thanks - Kevin

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Should be able to access road runner claims by turning left at the old dynamite shack. Rough road but that's also the way to the Weaver "Forget me Not" claim. (Still have plans to visit that one soon.)

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I ran into the same problem at the end of last year. The gate wasn't lock so myself and another guy went in. Someone had made a push so you couldn't get to your claims We both got jumped when we came out.This old boy had a gun on his that was bigger than he was.

You can go back down the road where that old rock cabin is on the flat next to Rich Hill to get to the claims. Way they have the road block the other way you can't get to the Weaver and Roadrunner claims anyway. The bad thing is the road going up you look straight up to the sky. Then coming back your standing on your head coming back down the hill.

I ran into some people that just wanted to see where Weaver was but they too had a run in with the same guy I did. I would think that road has been there long enough to be a public road. As long you stay on the road then what are you hurting?

Chuck

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Hi Kevin,

 

I experienced the same thing during my last visit to the east side of the Hill over the winter. It had been a while since I had been out there and I was shocked to see how much had changed. I hit the first gate (which wasn't locked then). I stopped to check it out and a guy on a quad quickly pulled up. I had permission, so I went on thru without a hassle. To be honest I don't know the legality of the road, so I would also suggest accessing the claims from the south near the old shack. If anyone finds out any additional information about this situation please feel free to share.

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Sounds like someone with limited claim owner ship is pretty much locking everyone out of areas they have no right to! ... Unless it's private property, they have no right to close off access to mineral claims on public land ... Those roads and trails have been open to travel since 1850 something, thus soundly grandfathered to the public! ... Cheers, Unc

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I would check some of the historical maps for the area and see how long the road has been there. That would be a first step.

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I've done some pretty extensive research into this issue. I'm not a lawyer and please don't think this is legal advice but the road is clearly open to the public in my opinion.

 

There are three different ways a road can become public yet cross private land in Arizona.

 

1. By declaration of a government entity. In 1898 the town of Weaver dedicated that road as public to provide access to the Post Office and Cemetery that are on the other side of where that gate is now. The county shows that road as an unmaintained county road. Many of you will remember that the road was once maintained by Yavapai County.

 

2. By public use under the 1872 mining act (RS 2477). The land was public land of the United States until it was patented in 1920. There are many surveys from 1862 onward and they all show the road as being the main road in Weaver. The patent survey and another survey done just this year show the public road traversing the patents. The survey completed this year clearly shows Morales Ranch Road traversing the patents.

 

3. By prescriptive easement. Right where the gate is was the center of New Weaver town. There was a barbershop, general store, post office, blacksmith shop as well as many other businesses and homes on either side of the road. Once the patent was granted in 1920 the subsequent owners maintained the road as public for 95 years - right up until this gate was erected. The owners of the land continually allowed the general public access to the public, private and State lands beyond.

 

This gate is about miners screwing miners. If you were to investigate the public lands near the gate you would see that those BLM lands are being used without a claim or permit to dump thousands of yards of mining waste. I'm thinking this gate is there to cover up that fact. This will come back to haunt all miners in the area if it's allowed to continue to it's inevitable end. These are the type of actions that paint all miners as evil polluters in so many peoples minds.

 

Barry

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If the road is in the county system, you should contact the county and request that they remove the gate which is blocking the public roadway.

 

If a Title Company was involved in the sale of that property, they should have made mention of that public road.

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Here in Mohave county I can go to the Assessors site (county) and scan an area and see who or what has ownership/control of any area. It's a Google Earth type layout with lines superimposed over it to show ownership. If you can't get that information then there will be numbers that can be checked in the same website showing who owns/pays taxes on every plot. If it shows Public land BUT someone is claiming ownership then their WILL be a record at the offices of the entity that they claim they purchased it from.

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Sounds like some punk so called minors [notice spelling] needs their fannies spanked or show us the legal paper that gives them the rite to deny access. Call authorities depending on cell service or bring the authorities back yourself. As for The old boy that had a gun on him that was bigger than he was , might need said gun inserted up Rectum. :ph34r: Semper Fi

I also like grubstakes idea of the twin 50's

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I have run into this before, sounds like they are really Paranoid about something? Armed and running people off, they are up to something. Growing WEED? Pushing dirt and people around, get someone with a badge out there, aggressive behavior is very suspicious of illegal activity.

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Wow. I hope this gets cleared up before October. That is the area which I hunt on friends claims and the Weaver Claims when I make it out there. Where you at Bunk?

 

BIll

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I'm aware of the gate situation on the road to the east side of Rich Hill. It is an unfortunate thing for this to have happened.the road is and goes through private property.the owners had problems with people trespassing even with the property signed.even to the point of having people driving into their minning operation causing them to stop their work to deal with them.they tried putting up a fence and gate to their operation to no avail.they spoke with County lawyers to check their rights.about 8 years ago the county received funds to work the road. They were taken to court by Grantham for repairing the road through his property. As a result it was determined legal ingress/egress ends at the Dairy.that being said they have the right to gate the property and only have to provide access for private property owners that use the road to access their property as State law provides.the 1872 minning act dose not apply to private property.the owners are giving permission to people who have a minning claim beyond the property but they will not accommodate club claim members.

I hope this will help but I want to make clear I will not debate this information if you wish not to trust what has been said. Don't post it here go to Yavapai County or the State and get the information directly as I did.

 

Remember dig all targets

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I think you are confused Oldeone. This is the former Basset property north of the octave. Grantham's property and gate is several miles southeast at Miller's windmill.

 

I did write that I had already researched this matter extensively. :rolleyes:

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I was referring to an incident on Grantham property when you cross the cattle guard he owns 1 square mile just past Stanton. To explain that legal access essentially ends at the dairy.this is why the county stops at Stanton now when repairing the road because of his law suit.

Not confused at all lived out here 15 years. Pretty much know what the facts are pertaining to this area.

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"WOW" Thank's to everyone who responded. Looks like this could turn into a "HORNETS NEST" of who's on first, who's on second and who's going to third with no one head for home plate. I've been prospecting in Rich Hill - Stanton for over 8-years now and have never ran into any problems accessing club claims. I hope that this is not going to be a on going future problem with resident claim owners vs club claim owners. I for one have enjoyed not only prospecting the area of Stanton - Rich Hill, but have very much enjoyed just getting on my quad and ridding the outback and enjoying nature at her best. Just a cavieot - Being retired Law Enforcement of 20 some years and having someone approach me with a loaded firearm pointed at me or threatening to use such firearm to force me to do something without a proper "POLITE" explanation first - Could really turn out to be a very bad situation. Anyways - Again "Thank You" everyone for your responses to my inquire - And may there always be "Gold" in you pocket at the end of the day.

 

P.S. Lets Hope & Prey That This Situation Get Remedy Real Soon Before Some Innocent Person Gets Injured Or Worse.

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