CO land access question

[dbd1313]

Longtime lurker and post searcher, hence the low post count. Looking online at an area to elk hunt, some of the mapping apps show it as private land, others do not. I checked that county's assessors website, it appears to be private but the description says its a "mining claim/mineral rights only." There are several designated trails that bisect the property. I tried to research the deeds and ownership records but could only trace conveyances of the mineral rights - can't find anything that shows the fee simple ownership of the land. The owner listed on the assessor website is a private energy company, so I'm assuming I'll get nowhere calling them but I will give it a shout. Curious if others have encountered anything similar what you would do or who you would call, rangers office? To be clear I will not enter the land without a clear understanding I am entitled to do so,.

 

[GunsAreFun]

Ya, you did a lot of good research but it’s going to be the local law enforcement whether that is a sheriff or ranger that writes a citation so that would be where I’d go.

 

[Nickofthewoods]

Are the designated trails that run through the private land motorized numbered trails, or are they designated as foot/primitive travel? Lots of forest service and blm roads go through private property and some will be posted with signs that say things like "Private Property Stay on Road next 2 miles". Or you could show up to a locked gate. It's less common that landowners will allow foot access across their land but some do, the ones I know of have signage notifying users that they are about to cross through private land.

If you can't find reliable info or scout it out in person prior to your hunt though, it may be better to find an alternate route around that doesn't cross private or just find a new area altogether. Nothing worse than making big plans and then having to figure out a new one last minute due to a gate or no trespassing signs.

 

[gabenzeke]

My first trip to Colorado the road in went through private land, but I was told it was a public road. I got there and it was gated off with tons of signs. I would definitely call someone that has boots on the ground and can provide a valid legal opinion. Someone like a sheriff or game warden.

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[def90]

A lot of old mining claims out there and many have been bought up over the years. Back in the day you could "patent" a claim which transferred ownership of the mineral rights and many times the surface property as well from the federal government to the person that filed the patent. That is why you see so many of these that show up as being privately owned. If there is a public hiking trail that is labeled on a forest service map I would treat it as you can walk through if you stay on the trail. Most of these claims are in the middle of no where and no one would ever know you were there. Some patented claims allow you to build on them, others don't. They used to sell for dirt cheap so many times if you find an area with a lot of rectangular claims on a map a large number of them will be owned by two or three different people. You will find them in the middle of wilderness areas as well.

 

[dbd1313]

A lot of old mining claims out there and many have been bought up over the years. Back in the day you could "patent" a claim which transferred ownership of the mineral rights and many times the surface property as well from the federal government to the person that filed the patent. That is why you see so many of these that show up as being privately owned. If there is a public hiking trail that is labeled on a forest service map I would treat it as you can walk through if you stay on the trail. Most of these claims are in the middle of no where and no one would ever know you were there. Some patented claims allow you to build on them, others don't. They used to sell for dirt cheap so many times if you find an area with a lot of rectangular claims on a map a large number of them will be owned by two or three different people. You will find them in the middle of wilderness areas as well.

Thanks I think this is exactly what it is. I think I saw a reference to a patent in one of the recorded instruments I saw. Was really hoping it was just minerals and not surface but likely not the case. I'll check with FS and see if they have any info.

 

[Poser]

The Southern Mountains are littered with mining claims. You would have no way of knowing the vast majority of them are there if you weren’t looking at a map. Often no markers of any kind, no mining access and no way an owner could do anything with them if they wanted to. For the most part, I disregard them as they are clearly abandoned and the LLC or land trust is defunct.