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  1. #151
    us
    Sep 2013
    Salem, SC
    32
    5 times
    Prospecting
    Dang Phil, you need adult supervision bro !
    I used to but I am very different than you remember me. Much more laid back and not so adventurous.

  2. #152

    Sep 2014
    7
    13 times
    All Types Of Treasure Hunting
    Just want to say hi to everyone. I just got into panning last year. Had a NF permit for a couple spots in Oconee. I only made it out twice with nothing to show for it in the pan, but they ended up being great camping trips and peaceful weekend breaks.

    Hopefully this year will at least let me see some color. Best of luck to everyone else!

    Jason

  3. #153
    us
    Red Blooded American

    Feb 2015
    South Carolina
    129
    140 times
    All Types Of Treasure Hunting
    Quote Originally Posted by Foothills Gold View Post
    Indy , you're wrong . I know you're Astros friend and all and it seems like you had to put your two cents worth in to validate what was said and I can appreciate that. That's what friends do. I live on the Saluda river and a state road bridge adjoins my property . State right of way goes 40 feet from center line of the bridge , both sides and 40 feet from each end of the bridge.. And it is considered public access . Legally I can't make anyone leave. I've called the cops on rowdy folks partying and have been informed with it being DOT right of way there's nothing I can do. I'm sorry you and Astro have had problems with people causing you to lose some of you private spots.
    You may not have felt he was chastising but several other guys did and didn't want to say anything to the You Tube Video Prospecting Stars. Me, I could give a crap less who you are. If you are wrong, you're wrong. Now I hope I haven't pusses anyone off but if I have we can talk about it. I'm really not hard to get along with. ;-)
    I thought I might want to chime in here. Let me state first that I am not an attorney, and my following opinion statements are my only opinion; they should not be considered legal advice or counsel. Please seek the advice of a licensed attorney in your area for advice on legal matters...

    Sorry, Foothills Gold, you got this one wrong. The officer misinformed you. I own several properties and have worked for several attorneys in criminal, property, civil, etc genres (Criminal court and jail is where some of the folks taking your ill informed advice might find themselves), (HWY Right of Ways DO NOT make personal property legal to prospect! The owner of that property owns it Period only a right of way is granted. You Mention an access point (If I owned your property I'd seek any Easements granted from the State) Also, the officers you spoke with regarding the partying trespassers were dead wrong. You could easily have gone to the local Magistrate to secure arrest warrants (I'm not knocking officers, but the truth is most don't have a clue about law, they serve and protect, but very few understand their own rights much less yours). Often times officers don't know whether a matter is civil or criminal, and they won't take action unless they are sure (or at least they shouldn't) However misinforming you as if they knew the law was wrong, and that particular officer could benefit from additional training. My Daughter is a Judge and her husband is a police officer (makes for some funny squabbles)

    Most folks don't realize that PBRP (Park by road prospecting) is criminally illegal in most areas East of the Mississippi, for instance in South Carolina. But it is. Property owners can, and will prosecute not only for trespass, but also for obtaining non ferrous metals unlawfully, theft, etc. I'm providing three sections of the SC Code of Laws for your review. (PBR) prospectors may find themselves charged this way, along with other criminal charges that one may face (But I don't want to turn this into a novel ;-)). I don't care how good intentioned the folks giving advice are, if you PBRP/trespass you are, in most cases, committing a crime in South Carolina. Property owners are sick of trespassers, litterbugs and thieves, so even a good guy/gal who has mistakenly taken bad advice could end up in the hoosgow. Ignorance is no exception to the law. Please don't prospect without permission. I wish you heavy Pans, but do it the right way.

    There are folks that say on this forum that you can park at a bridge and prospect in what they call the right of way of roads.... They are wrong. Somebody owns that land and road rights of way do not give anyone a right to their property, a HWY right of way affords others the right to pass through, thats all. Don't risk it. GET PERMISSION!

    Here are three good reasons to get permission before you trespass on private property (BTW taking anything without the owner's consent is theft another charge, littering another charge...... don't do it)

    1: (It gets better/worse. I believe this refers to private property that isn't posted)

    SECTION 16-11-610. Entry on another's lands for various purposes without permission.

    Any person entering upon the lands of another for the purpose of hunting, fishing, trapping, netting; for gathering fruit, wild flowers, cultivated flowers, shrubbery, straw, turf, vegetables or herbs; or for cutting timber on such land, without the consent of the owner or manager, shall be deemed guilty of a misdemeanor and upon conviction shall, for a first offense, be fined not more than two hundred dollars or imprisoned for not more than thirty days, for a second offense, be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days and, for a third or subsequent offense, be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than six months or both. A first or second offense prosecution resulting in a conviction shall be reported by the magistrate or city recorder hearing the case to the communications and records division of the South Carolina Law Enforcement Division which shall keep a record of such conviction so that any law enforcement agency may inquire into whether or not a defendant has a prior record. Only those offenses which occurred within a period of ten years, including and immediately preceding the date of the last offense, shall constitute prior offenses within the meaning of this section.

    HISTORY: 1962 Code Section 16-387; 1952 Code Section 16-387; 1942 Code Section 1191; 1932 Code Section 1191; Cr. C. '22 Section 82; Cr. C. '12 Section 242; 1905 (24) 906; 1927 (35) 377; 1979 Act No. 62 Section 1.


    2: (This uses broad terminology)

    SECTION 16-11-520. Malicious injury to tree, house, outside fence, or fixture; trespass upon real property.

    (A) It is unlawful for a person to wilfully and maliciously cut, mutilate, deface, or otherwise injure a tree, house, outside fence, or fixture of another or commit any other trespass upon real property of another.

    (B) A person who violates the provisions of this section is guilty of a:

    (1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the injury to the property or the property loss is worth ten thousand dollars or more;

    (2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the injury to the property or the property loss is worth more than two thousand dollars but less than ten thousand dollars;

    (3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the injury to the property or the property loss is worth two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days, or both.

    HISTORY: 1962 Code Section 16-382; 1952 Code Section 16-382; 1942 Code Section 1184; 1932 Code Section 1184; Cr. C. '22 Section 74; Cr. C. '12 Section 223; Cr. C. '02 Section 171; G. S. 2501; R. S. 166; 1857 (12) 605; 1892 (21) 93; 1893 (21) 411; 1894 (21) 824; 1935 (39) 262; 1964 (53) 1724; 1981 Act No. 76, Section 2; 1993 Act No. 171, Section 4; 1993 Act No. 184, Section 105; 1998 Act No. 272, Section 2; 2010 Act No. 273, Section 16.B, eff June 2, 2010.

    3: (this can be a misdemeanor or a felony)


    SECTION 16-11-523. Obtaining nonferrous metals unlawfully; disruption of communication or electrical service.

    (A) For purposes of this section, "nonferrous metals" means metals not containing significant quantities of iron or steel, including, but not limited to, copper wire, copper clad steel wire, copper pipe, copper bars, copper sheeting, aluminum other than aluminum cans, a product that is a mixture of aluminum and copper, catalytic converters, lead-acid batteries, steel propane gas tanks, and stainless steel beer kegs or containers.

    (B) It is unlawful for a person to wilfully and maliciously cut, mutilate, deface, or otherwise injure any personal or real property, including any fixtures or improvements, for the purpose of obtaining nonferrous metals in any amount.

    (C) A person who violates a provision of this section is guilty of a:

    (1) misdemeanor, and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both, if the direct injury to the property, the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss, including fixtures or improvements, is less than five thousand dollars; or

    (2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the direct injury to the property, the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss, including fixtures or improvements, is five thousand dollars or more.

    (D)(1) A person who violates the provisions of this section and the violation results in great bodily injury to another person is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years. For purposes of this subsection, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

    (2) A person who violates the provisions of this section and the violation results in the death of another person is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years.

    (E) A person who violates the provisions of this section and the violation results in disruption of communication or electrical service to critical infrastructure or more than ten customers of the communication or electrical service is guilty of a misdemeanor, and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.

    (F) If a person is convicted of violating the provisions of this section and the person has been issued a permit pursuant to Section 16-17-680, the permit must be revoked.

    (G)(1) A public or private owner of personal or real property is not civilly liable to a person who is injured during the theft or attempted theft, by the person or a third party, of nonferrous metals in any amount.

    (2) A public or private owner of personal or real property is not civilly liable for a person's injuries caused by a dangerous condition created as a result of the theft or attempted theft of nonferrous metals in any amount, of the owner when the owner of personal or real property did not know and could not have reasonably known of the dangerous condition.

    (3) This subsection does not create or impose a duty of care upon a owner of personal or real property that would not otherwise exist under common law.

    HISTORY: 2008 Act No. 260, Section 2, eff June 4, 2008; 2009 Act No. 26, Section 1, eff June 2, 2009; 2010 Act No. 273, Section 16.C, eff June 2, 2010; 2011 Act No. 68, Section 1, eff August 17, 2011; 2012 Act No. 242, Section 1, eff December 15, 2012.

    Just say'n.... Do it right and legally, or find another hobby folks. Astrobouncer and Indyme2 seem to know their stuff. A good rule of thumb might be (don't do anything they wouldn't do). Stay Out of Trouble and go find some gold---- You can do both.
    Clay Diggins likes this.

  4. #154
    us
    Author of a book about finding gold in Colorado

    Jan 2012
    Summit County, Colorado
    Grizzly Goldtrap Explorer & Motherlode, Gold Cube with Banker on top, Bazooka Goldtrap sluices, Angus Mackirk Expedition, Gold-n-Sand Xtream Hand pump
    6,796
    10672 times
    Prospecting
    All true floristweb but, and it's a big but, most counties actually own a stripe of land which the road sits on. It's not just a right of way, it's county land for a modest distance on either side of the road. The pic below is randomly chosen from a SC county assessor web site and shows that the private property parcels DO NOT reach the highway. People say "right of way" but often the proper term would be "county land next to and under the county road". There is of course such a thing as a road on a right of way across private land but it's easy to see what you are dealing with just by using you local county assessor's website (a key tool in my suburban prospecting arsenal!).
    Click image for larger version. 

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    See how there's no gap between adjacent properties but IS a gap between the road and the taxable property parcels? If you click on the gap you get told it's not taxable land...because it's owned by the county.
    Floristweb likes this.

  5. #155
    us
    Red Blooded American

    Feb 2015
    South Carolina
    129
    140 times
    All Types Of Treasure Hunting
    Quote Originally Posted by KevinInColorado View Post
    All true floristweb but, and it's a big but, most counties actually own a stripe of land which the road sits on. It's not just a right of way, it's county land for a modest distance on either side of the road. The pic below is randomly chosen from a SC county assessor web site and shows that the private property parcels DO NOT reach the highway. People say "right of way" but often the proper term would be "county land next to and under the county road". There is of course such a thing as a road on a right of way across private land but it's easy to see what you are dealing with just by using you local county assessor's website (a key tool in my suburban prospecting arsenal!).
    Click image for larger version. 

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    See how there's no gap between adjacent properties but IS a gap between the road and the taxable property parcels? If you click on the gap you get told it's not taxable land...because it's owned by the county.

    Good job on looking up property on the GIS. I too use this valuable tool for many reasons. I checked the exact spot you used and the property is not owned by the county or State. The lines you're seeing actually just show the road right-of-way. I'm on the GIS now and it doesn't say anything about not taxable or owned by the county. You are right that it would say it was owned by the county or state- if it were, but that particular area of road is not. Most often the center of the road is the dividing property line, but not always. One can do a little title research to determine who actually owns the property the road is on this can be done at the Register of Deeds office. Also most surveys are recorded by the property owner and that can show the exact line.

    Most GIS mapping shows the right of way, and in rare instances it may be county, or state owned; if it is state owned it will show it as such (for instance the area of most interstate exits/on-ramps). But many (most) highways are on privately owned property with a simple right of way granted to the State for the highway, including the one you chose as an example..., the state does maintain those records. You can go to the State Hwy Dept. in Columbia to research specific rights of way, and/or easement details (this might be a bit complicated, and likely time consuming) To lawfully PBRP one must have permission of the property owner. The easiest (and right) thing to do is to get permission from the property owners in areas you wish to prospect. The old saying "It's easier to beg forgiveness than to ask permission" is not a good idea when it comes to prospecting you may encounter an informed property owner, and no-one wants to get arrested or be fined. So for their own sakes prospectors should get permission.

    This is a screenshot of an interstate ramp as an example.Click image for larger version. 

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ID:	1149013 notice the ramp area is owned by the State (owner info to the right).

    This is the same area you used as an example of the state owning road property (Sorry you're wrong on that one). The road is owned by the state with only a right of way through the properties through which it goes... If the land were owned by the state it would say so and have a parcel number, owner info, and additional information on the right side of the page. The lines you see on GIS are only an outline of parcels and the road right-of-way. Some of my property is on a state highway there are pins in the center of the highway that mark the dividing line of my land, and the family that owns the property on the other side the road.. (most folks don't know pins are there). You're a smart guy; I have learned a lot from, and value your posts... but you're wrong on this one... You cannot PBRP at that specific (or almost any) location without permission of the property owner/s. I want folks to have fun and enjoy their hobby (I'm new at prospecting and love it). I don't want anyone to get in trouble because they wrongly think they have a right to trespass on anyone else's lands.... Landowners are sick of people littering, trespassing, etc... Prospectors should get permission or face the consequences, I for one would not risk it. Click image for larger version. 

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    Good luck and heavy pans....
    Last edited by Floristweb; Apr 19, 2015 at 03:25 PM.
    Clay Diggins likes this.

  6. #156
    us
    Red Blooded American

    Feb 2015
    South Carolina
    129
    140 times
    All Types Of Treasure Hunting
    I suspect you see the road and lots outlined on GIS in a way that is confusing you. The outline shows the road right-of-way. Property owners still own the land and have exclusive rights to it... Highway right-of-ways allow the public at large the right to travel across private property. It does not give anyone the right to litter, steel, loiter, etc. That being said, navigable waters are also a right-of-way for the public. "Only navigable waters", the land under navigable waters is always owned by the State. Most creeks are not navigable waterways, but some are. Any creek or waterway not held by the government as a navigable waterway is owned by the property owner - those creeks and their contents are owned by the property owner. The term Right-Of-Way is actually self explanatory.... It means the you have a "right of way" ex:you can travel that way, otherwise nobody could go anywhere, there would be no routes of trade, etc... so we have specific passages (i.e. roads and rivers) The land under highways is not the same as navigable waterways as the land is still the property of the land owner:

    This may help you understand; I am not always the best at explaining things... ;-)

    HIGHWAY. A passage or road through the country, or some parts of it, for the use of the people. 1 Bouv. Inst. n. 442. The term highway is said to be a generic name for all kinds of public ways. 6 Mod R, 255.
    2. Highways are universally laid out by public authority and repaired at the public expense, by direction of law. 4 Burr. Rep. 2511.
    3. The public have an easement over a highway, of which the owner of the land cannot deprive them; but the soil and freehold still remain in the owner, and he may use the land above and below consistently with the easement. He may, therefore, work a mine, sink a drain or water course, under the highway, if the easement remains unimpaired. Vide Road; Street; Way; and 4 Vin. Ab. 502; Bac. Ab. h.t.; Com. Dig. Chemin; Dane's Ab. Index, h.t.; Egremont on Highways; Wellbeloved on Highways; Woolrych on Ways; 1 N. H. Rep. 16; 1 Conn. R. 103; 1 Pick. R. 122; 1 M'Cord's R. 67; 2 Mass. R. 127; 1 Pick. R. 122; 3 Rawle, R. 495; 15 John. R. 483; 16 Mass. R. 33; 1 Shepl. R. 250; 4 Day, R. 330; 2 Bail. R. 271; 1 Yeates, Rep. 167.
    4. The owners of lots on opposite sides of a highway, are prima facie owners, each of one half of the highway,, 9 Serg. & Rawle, 33; Ham. Parties, 275; Bro. Abr. Nuisance, pl. 18 and the owner may recover the possession in ejectment, and have it delivered to him, subject to the public easement. Adams on Eject. 19, 18; 2 Johns. Rep. 357; 15 Johns. Rep. 447; 6 Mass. 454; 2 Mass. 125.
    5. If the highway is impassable, the public have the right to pass over the adjacent soil; but this rule does not extend to private ways, without an express grant. Morg. Vad. Mec. 456-7; 1 Tho. Co. Lit. 275; note 1 Barton, Elem. Conv. 271; Yelv. 142, note 1.
    A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.

    This is a link to navigable water info in South Carolina. SCDNR - Water body definitions

    Hope this helps clarify it.... Sometimes me thinks - me thinks too much.....
    Clay Diggins likes this.

  7. #157
    us
    Author of a book about finding gold in Colorado

    Jan 2012
    Summit County, Colorado
    Grizzly Goldtrap Explorer & Motherlode, Gold Cube with Banker on top, Bazooka Goldtrap sluices, Angus Mackirk Expedition, Gold-n-Sand Xtream Hand pump
    6,796
    10672 times
    Prospecting

    South Carolina Gold Prospecting

    Wow, good info. Must be different in different places. Those survey pins marking the edges of my property are on the sidewalk and the city is clear that they OWN the land under the roadway since it was deeded over to them by the county. Similarly my parents had to pay to buy the strip of land next to their place when a dead end road was closed down. They did not own it until they bought it explicitly

  8. #158
    us
    Red Blooded American

    Feb 2015
    South Carolina
    129
    140 times
    All Types Of Treasure Hunting
    Quote Originally Posted by KevinInColorado View Post
    Wow, good info. Must be different in different places. Those survey pins marking the edges of my property are on the sidewalk and the city is clear that they OWN the land under the roadway since it was deeded over to them by the county. Similarly my parents had to pay to buy the strip of land next to their place when a dead end road was closed down. They did not own it until they bought it explicitly
    Different areas have different policies. I think in Colorado they prefer to acquire property for roads rather than utilize ROW easement. Many states do that for new road systems... But most roads are not new, especially in the east. and water regulation and rights are probably quite different. I know they are in Utah.
    KevinInColorado likes this.

  9. #159
    us
    Mar 2015
    Tex
    Mine.lab
    42
    33 times
    Prospecting
    Here I own and pay taxes on the land to the center of the county road. My neighbors place begins in the center of the road. When the state makes a road wider thus denying the owner the use of more land, they don't pay compensation unless they have to demolish a structure. Just expanding the right of way is not considered taking the land. You still own it and still have to pay property tax on it
    Floristweb and Clay Diggins like this.

  10. #160
    us
    Author of a book about finding gold in Colorado

    Jan 2012
    Summit County, Colorado
    Grizzly Goldtrap Explorer & Motherlode, Gold Cube with Banker on top, Bazooka Goldtrap sluices, Angus Mackirk Expedition, Gold-n-Sand Xtream Hand pump
    6,796
    10672 times
    Prospecting
    Quote Originally Posted by SierraMadre View Post
    Here I own and pay taxes on the land to the center of the county road. My neighbors place begins in the center of the road. When the state makes a road wider thus denying the owner the use of more land, they don't pay compensation unless they have to demolish a structure. Just expanding the right of way is not considered taking the land. You still own it and still have to pay property tax on it
    Well THAT sucks! Here they have to buy the land from you to widen the road!
    Floristweb likes this.

  11. #161
    us
    Feb 2017
    Laurens
    1
    All Types Of Treasure Hunting
    Laurens County and so new at this I haven't a clue where to start. any and all help would be greatly appreciated. I just want to pan some creeks. I'm in an area where there are vermiculite mines in almost every direction but also have found some nice quartz vanes, just not in any creeks. So would you just hit the creeks and see what shakes loose? Is there something I should be looking for formation wise Like I said, I am completely new.

  12. #162

    Mar 2017
    42
    54 times
    All Types Of Treasure Hunting
    Thatvbeside wildcat creek

  13. #163
    us
    Feb 2019
    lawndale NC
    garrett
    2
    1 times
    All Types Of Treasure Hunting
    if you go up tp gaffney and blacksburg area,there are a couple of old gold mines as well as some creeks that produce some nice pin heads which I have found .

 

 
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