what to do if the city encroaches on a claim?

[weasel]

I'm in the process of staking/registering a mining claim on the site of a preexisting mine (which was abandoned/neglected for decades). I find out today that the city (san diego) is planning on 'swapping' the Fish and Game Dept. the area where the mine entrance is for the land on the other side of the hill that the mine goes into.

1. My question is, if I complete the claim on this mineral deposit, can the city continue with these plans?
2. The BLM forbids you and me from buying any public land we want---so is it legal for these entities (city, fish and game?) to 'trade' land?
3. How do I find out whether the fish and game dept. has any legal claim to the land they want to swap?

[Caveman]

Originally Posted by weasel

1. My question is, if I complete the claim on this mineral deposit, can the city continue with these plans?

I think they can. Your rights in the claim are separate from their rights in the land (whatever they might be).

I've been affected exactly like this with the oil companies. They have mineral rights below my surface rights. My rights don't override their rights, so I can't keep them off. They do have to compensate me for the damages they cause to my surface rights.

2. The BLM forbids you and me from buying any public land we want---so is it legal for these entities (city, fish and game?) to 'trade' land?

Whatever right one has in land can be transferred to another. Whether by sale for cash, or just a trade, doesn't matter.

3. How do I find out whether the fish and game dept. has any legal claim to the land they want to swap?

Your local county records will have all that information. Search by land description, or owner name, and you'll find everything there is to know about that land.

[weasel]

yeah, you're right. I'll avoid wasting my time/money and just move on to another potential claim. Lousy city.