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goldrivermike

County of Nevada California: declare exemption or $75 fee

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To All Mining Claim Holders:

I called the County of Nevada, California regarding the recording of the BLM Affidavit of Annual Assessment Form.

They informed me that if I do not write or declare "GC 27388.1 (a) (1); not related to real property" on the front of my Assessment form

that it would result in a $75.00 fee.

Please contact your respective counties to check this out.

Happy Detecting,

Mike

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Hey Mike, Ive always understood a mining claim is considered real property.  It would be nice for claim owners not to have to pay this though.

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I'd be careful there Mike. Mining claims are real property and the list of examples included with the law do mention mining claims. The risk is that your recording could be rejected and you would miss the recording deadline. I think California is the end of October?

I suggest you read the law and decide for yourself whether the $75 applies. It would be a shame to lose a good claim over $75.

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You could get confused with their definitions too:

 

What is considered a “Parcel of Real Property”?

A: A parcel is defined, for the purposes of interpretation of new Government Code Section

27388.1 as: ”a contiguous piece of land of any size that is in one ownership.” The parcel is

described by its individual legal description.

 

My claims are in multiple ownerships.

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  Yes Nevada County will do this Placer county won’t.   Neither will charge taxes, at they didn’t on the two 40 acre claims I have.

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It's a State law. All County Recorders have to charge the additional $75 and send it to the State.

County Recorders don't have the option to not charge the fee.

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When I was still land surveying some years ago, I seem to recall there was a separate fee charged on the recording of property (land parcels) here in California, which was supposed to be use for the restoration of property (land) corners. I think the monies were to be used by the county surveyor/grandfathered engineer or to hire a private professional surveyor to restore property corners destroyed by government actions like, road building and maintenance, other construction. I believe this also included government land corners which may help the county or state in their administration of certain land issues. Lipca?

Mike

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On 8/20/2018 at 7:31 AM, Hawkeye said:

  Yes Nevada County will do this Placer county won’t.   Neither will charge taxes, at they didn’t on the two 40 acre claims I have.

This isn't a tax Hawkeye. it's a State mandated fee addition. Placer County is charging the fee like all other Counties in California.

Placer County Recording fees.

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On 8/24/2018 at 12:42 PM, clay said:

This isn't a tax Hawkeye. it's a State mandated fee addition. Placer County is charging the fee like all other Counties in California.

Placer County Recording fees.

  Clay

    I have claims in both Nevada County and Placer county.  Nevada County did not add the $75 fee to my filing fees but Placer county did. Neither county charged me property taxes. 

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Thanks for the info Hawkeye.

Very few counties in the United States charge taxes on mining claims. I only know of 3 and none of those are Nevada or Placer County.

Nevada County Recorder does list the $75 fee on their fee schedule. I couldn't tell you why they didn't charge you. Did you record before the fee went into effect?

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Siskiyou county does not tax 20 acre claims but I get a "property tax" bill on all my claims that are over 20 acres.  As I recall, they put a $5000 value on most of my claims.

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18 hours ago, clay said:

Thanks for the info Hawkeye.

Very few counties in the United States charge taxes on mining claims. I only know of 3 and none of those are Nevada or Placer County.

Nevada County Recorder does list the $75 fee on their fee schedule. I couldn't tell you why they didn't charge you. Did you record before the fee went into effect?

  Clay

  We originally filed the claim last year, not sure if it was signed into law yet.  Nevada County allows you to use an exemption that you write on the filing form.  I forget the exact wording.   I had a claim in Nevada County back in the mid 90’s and they charged property taxes back then but not this time.

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