Staking Claims

Ah, the wild wild west. Property laws in the 1800s left a lot to be desired. At the start of the Gold Rush, there were no laws regarding property in the gold fields. In fact, there weren’t a whole lot of laws in general since, before applying for and winning statehood, California was technically just a region under military control. This lawlessness led to a bit of a cutthroat environment in which gold was free for the taking — there was no private property, no taxes, and no licensing fees.

In the absence of a formal system, prospectors would literally stake a claim on a site; however, the claim was only valid for as long as the site was actively worked on.

The above daguerreotype photo, circa 1852, is part of a traveling exhibit titled “California Gold Rush.”