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MarshallAk
15:19:47 Fri
Aug 7 2009

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Affadavit of Annual Labor Question

In Alaska, just about anyone can do the actual labor for the required annual paperwork on mining claims...you do not need to be the owner.

Here's my question: Let's suppose you sell your claim. Then the new owner wants to hire you to do the annual labor. So far....no problem.
Now, when you fill out the annual labor paper, there is a place on the bottem to be signed and notarized. Is this for the OWNER to sign and get notarized, or is it for the actual person who did the labor to sign and get notarized??? Does it even make any difference? :confused:


Thanks,
Marshall

  
Brian_Berkhahn
20:04:31 Fri
Aug 7 2009

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Re: Affadavit of Annual Labor Question

Marshall,
If your claims are state call Linda at 269-8647 just to be certain.

Brian

  
MarshallAk
22:23:43 Fri
Aug 7 2009

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Re: Affadavit of Annual Labor Question

Yep...the claim in question is state. I'll give Linda a call and see what the DNR stand on this is. The paperwork instructions do not clarify the "who can sign" issue. I have already done the required labor, but now the claim has a new owner. I suspect Geo is correct...that only the current owner(s) can sign...


Marshall
[1 edits; Last edit by MarshallAk at 22:24:46 Fri Aug 7 2009]

  
Steve_Herschbach
18:05:11 Sat
Aug 8 2009

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Re: Affidavit of Annual Labor Question

Hi,

In Alaska, anyone with knowledge of the facts may fill out and sign the affidavit of annual labor. This can be the claim owner, the person doing the work, or a third party who knows for a fact the work was done.

11 AAC 86.220 (c)

"During each labor year in which the performance of annual labor is required, or within 90 days after the close of that annual labor year, the owner of each mining claim, leasehold location, or mining lease on state land or some other person having knowledge of the facts, shall make and file for record an affidavit."

As a claim owner I of course have signed off on assessment work in cases where I was the one performing the work. I have also done work for others, and signed off on it as I was the one with direct knowledge of the work I performed. In the case of large companies it is often the accountant who is collecting all the data from all the work crews who totals the numbers and signs the forms.

I'm not swearing to the following but I believe each state has their own filing requirements, and that the feds simply accept in each state what is regarded as legal in that state. So you'd have to check in each state to see who may sign.

  
Steve_Herschbach
03:51:50 Sun
Aug 9 2009

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Re: Affidavit of Annual Labor Question

Hi Geo,

I'm just quoting the law, not it's advisability. A person need not be the claim owner to sign the paperwork. It is not uncommom for that to be the case. The wise claim owner would demand it be filed in advance and provided with a copy to allow for time to fix a situation should it occur.

A lack of filing by a certain date can be rectified in Alaska if you have a state mining claim. Alaska regonizes that "stuff happens".

Steve Herschbach
[1 edits; Last edit by Steve_Herschbach at 17:10:03 Sat May 11 2013]



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Steve_Herschbach
16:19:31 Mon
Aug 10 2009

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Re: Affidavit of Annual Labor Question

Hi geowizard,

Sigh... I'm not trying to argue, but we have to try and keep posts here factual regarding rules and regulations. DNR can reinstate claims. I've seen it happen. As you note there cannot be a conflict for this to take place. Anyway, when I get to work I'll post the appropriate information. It is right on the rental billing paperwork the state mails state mining claim owners.

Your insistence the claim owner sign paperwork is not grounded in fact. An affidavit is a sworn document attesting that certain facts are true. The person who signs should be the person with the most knowledge of those facts. If I send you up to do the assessment work on my claims, I'm will expect that you are going to sign swearing you did the work. Timely filing is a separate issue.

Steve Herschbach
[1 edits; Last edit by Steve_Herschbach at 17:10:14 Sat May 11 2013]



---
Find me at DetectorProspector.com

Steve's Mining Journal - - Gold Prospecting & Metal Detecting "How To" Guides - - Equipment Information & Reviews - - Public Gold Prospecting & Metal Detecting Sites - - Gold Mining Claims For Sale or Lease - - Steve's Guide to Gold Nugget Detectors
 
 
Steve_Herschbach
20:55:05 Mon
Aug 10 2009

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Re: Affidavit of Annual Labor Question

Hi,

OK, here we go:

AS 38.05.265 (b)

Unless another person has located a mining claim or leasehold location that includes all or part of the mining claim or leasehold location abandoned under (a) of this section or the area is closed to mineral location under AS 38.05.185 - 38.05.275, a person may cure the failure to record or pay that constituted the abandonment and cure the abandonment by

(1) properly recording a certificate of location or a statement of annual labor, paying any required annual rental, and paying any required production royalty; and

(2) paying a penalty equal to the annual rent for the mining claim or leasehold location that was abandoned under (a) of this section.

Now obviously a person does not want to file late. If somebody else stakes next day you are done. And note this is only state claims - federal you are out of luck. But if you do screw up and are quick about it an error can be rectified.

Steve Herschbach
[1 edits; Last edit by Steve_Herschbach at 17:10:24 Sat May 11 2013]



---
Find me at DetectorProspector.com

Steve's Mining Journal - - Gold Prospecting & Metal Detecting "How To" Guides - - Equipment Information & Reviews - - Public Gold Prospecting & Metal Detecting Sites - - Gold Mining Claims For Sale or Lease - - Steve's Guide to Gold Nugget Detectors
 
 

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