squatters rights

[rivergal]

What is the name of your state? Oregon

I know an old miner who has lived on a claim for 55-60 years. BLM is now trying to remove
him from his property. They have taken all his personal possessions. (tractors,car,small trailer). They say he no longer owns the claims he has been filing and paying on , for the
last 13 years. I myself have taken him twice to the courthouse to file and pay his fees. They say he hasn't been filing the correct paperwork. If this is so, why has no one told
him and why have they been excepting his money. This man is 83 years old and knows
no other life. He has lived, worked, and mined the land all this time and now BLM says
he has to leave. This land should be his. Is there anything that can be done to stop
BLM from distroying the little bit of life this man has left?

[JETX]

Originally Posted by rivergal

If this is so, why has no one told him and why have they been excepting his money.

1) Because it is NOT their job to tell him what to do or how to do it and
2) Because he is paying them (presumably, taxes).

This land should be his.

And under what legal theory do you base that statement???

See, based on your claim that the BLM is the 'offending agency', the problem here is that he is apparently claiming adverse possession (there really isn't such a thing as 'squatter rights').... on FEDERAL land. If correct, then he would have to assert a claim of patent under 43 USC 1068, et seq.
That Code can be found online at:
[url]http://straylight.law.cornell.edu/uscode/html/uscode43/usc_sup_01_43_10_25A.html[/url]

Is there anything that can be done to stop BLM from distroying the little bit of life this man has left?

Yep. He has to get a lawyer to assert his claim for patent under the above cited US Code.

[BelizeBreeze]

Is the mining claim patented or unpatented?

EDITED: Sorry jet, you're too fast for me