Taxing Federal Mining Claims

[editor]

Posted for a NON-registered user


Does El Dorado County have the legal authority to tax mining claims on federal land within the county? The claims are in good standing as far as the registration yearly (with fees paid) to BLM and registered at the El Dorado County court house with the county clerk’s office. Friends who have had claims for numerous years located less than ½ mile upstream of my newer claims have never been taxed by the county. I just received a tax notice for two claims that I (and partners) have that were filed originally last year. These two claims are a 20 acre and an adjacent 160 acre parcel. The county has assessed a value on the claims together at $3600.00 and the tax bill is for a little over $37.00 (due by 8/31 or an additional penalty of $20 dollars is added to the due amount). This works out to a value of $20.00 per acre of mining claim.

My question is Does El Dorado County have the legal authority to tax mining claims on federal land? How is the value assessed ? If somehow El Dorado County does have the legal authority to tax mining claims on federal land I am concerned that in light of the moratorium on dredge permits the county is significantly over-valuing the mining claims. Last year my partners and myself total less than about $100.00 gold recovered from the two parcels combined. We paid out about 4 times that much in claim filing fees and maintenance fees just last year and these fees are due again in a couple of months.

The tax fee is a minor amount but, I don’t want to pay if they don’t have the legal authority to tax federal mining claims and end up setting a new precedent.

[editor]

<!--[if gte mso 9]><xml> <w:WordDocument> <w:View>Normal</w:View> <w:Zoom>0</w:Zoom> <woNotOptimizeForBrowser/> </w:WordDocument> </xml><![endif]-->Response given by Jerry Hobbs. President, PLP

Many counties do tax a mining claim, usually about $1 per acre. Whether it is legal or not is a lawsuit. If you are concerned about it you can ask the county to show you the law and you can argue equal protection when another is not taxed. So you either pay the taxes or challenge the county in a court of law. Your choice.

[Charlie]

I also have been getting taxed on my mining claim in Siskiyou county. I just paid $60+ today for my yearly property taxes and all of us that own non-patented mining claims know that we do not own the land and are in a constant fight with park rangers and foresters just to park on our claims for extended periods of time. like more than 3 days...

[Charlie]

well i've found one nugget 1.42 ounces and the last day i dredged i found a .6 ounce nugget and i'm just at the bottom of a big flat that shows very little activity from the old timers. i've been chomping at the bit to get my dredge to the top of the flat where the glaciers would have deposited the bigger gold. or so i'm hoping. i will go down and use my high banker etc until i can once again dredge.

[Gramps43]

[QUOTE=editor;1713]Posted for a NON-registered user



"Last year my partners and myself total less than about $100.00 gold recovered from the two parcels combined."

My opinion, in less you know there is a humungous pay streak on one of those claims they are not worth keeping and going through the heartburn with the tax man.

Gramps

[Gramps43]

Charlie,

I wasn't aware that WA had shut down dredgers or are you talking about a seasonal, salmon spawning, pause in inwater activity. It sounds like you're in a prime area with that 1.4 oz. nuggie.

Take care,
Gramps

[Uncle Sam]

I too have all of my mines in El Dorado Cty. I have almost 1000 acs on USFS, yet I do not get a tax bill, my friend with 180 acs directly to my west edge DOES get a bill every year. I spoke to Tim Holcomb ( assessor) about it, he has no clear answer why he does and I don't. El Dorado is weird, but the GOLD is not!

[Gramps43]

Your username name says it all. 8~{))))

Gramps

[Charlie]

Hey there Gramps - my claim is in Siskiyou county close to the humbolt county line

[Gramps43]

Ah-ha so you live in WA and have a claim in CA, that clears things up a bit. That's like the NWMPC, they are HQ'd out of Vancouver but most of the clubs claims are in OR. The crazy things is that I spent 20 yrs. in uniform protecting this country and now I have to fight that government for the rights I protected for 20 yrs., go figger.

Gramps

[ssherer]

The El Dorado County property tax office told me that the State of California revenue code (law) allows counties to tax mining claims on federal land as unsecurred property. The tax rates are set on a per acre basis by the county tax assessors office. Why some claims get taxed and others nearby don't they can't answer. I did not want to push the issue as the result could be all active claims would be reviewed and taxed.