Claim owners · California
Selling mining claims in California
California claims are filed with the BLM California State Office in Sacramento and recorded with the county recorder. The step most often missed is the annual county affidavit: California expects a proof-of-labor affidavit within 30 days after each federal deadline, and a missing one creates a presumption that the claim was abandoned.
Before you sell
What to check for California claims
| BLM office | BLM California State Office, Sacramento |
|---|---|
| Federal fee | BLM maintenance fee of $200 per lode claim, or per 20 acres of placer, by September 1 each year, or a small miner waiver if you hold 10 or fewer claims. |
| County filing each year | A proof-of-labor affidavit recorded with the county recorder within 30 days after the federal deadline for the work or the maintenance fee, with the BLM serial number (Public Resources Code 3913). County recording fees vary; some add a state fee per document. |
| New locations | A copy of the location notice recorded with the county within 90 days after posting, with how the boundaries were marked and the legal description (PRC 3911). Lode corner monuments within 60 days (PRC 3901). A copy goes to the BLM within 90 days of location. |
| Transfers | Deed recorded with the county recorder, then filed with the BLM. |
| Permits and reclamation | Surface mining that disturbs more than 1 acre or moves more than 1,000 cubic yards needs a permit, reclamation plan and financial assurance from the city or county under SMARA, overseen by the Division of Mine Reclamation, including on federal land. |
| Commonly claimed | Gold above all; also silver, and many industrial minerals. |
Rules and fees change. Confirm them with the BLM and the county recorder before relying on them.
How a sale of California claims usually works
- Check each claim on the BLM’s records system. How to check a claim.
- Confirm with the county recorder that a proof-of-labor affidavit was recorded after each year’s federal deadline.
- Gather location notices, deeds, BLM receipts and any sample, assay or production records.
- Agree the structure and terms in writing.
- Every claimant of record signs the deed; it is recorded with the county recorder.
- File the recorded deed with the BLM state office, with a processing fee per claim for each new owner. The BLM does not recognize the buyer until the transfer is filed, and keeps treating the seller as the owner of record.
- Agree who pays the next September 1 BLM fee and records the next county affidavit.
Things that trip up California sellers
- A claim with the BLM fee paid but no county affidavit is still at risk under state law. Buyers check both.
- Owning a claim does not authorize mining. Work beyond the SMARA thresholds needs lead-agency approval and financial assurance.
Sources: Public Resources Code 3911; Public Resources Code 3913; California Division of Mine Reclamation, SMARA; BLM, 2027 mining claim season fees; 43 CFR part 3833 (recording and transfers). General information, not legal advice.
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