Trespassing? (Long)

[Pitch]

I have found myself in a dilema. There is a piece of property that I Know of from childhood that believe it or not a band of "Gypsies" used to camp on for a couple of weeks every two or three years. There was an old guy that lived across the road ,we always referred to him as the "Mad Russian" I have no idea what his true nationality was but us kids were always warned to keep away. My mother has told me that these folks started showing up there every few years just prior to WW2 and continued on into the '60s. I don't know what they were but I do have dim memories of brightly painted multicolored old vehicles and wagons showing up and the neighborhood going into a tizzy while these folks were down there. Now to the meat of the post! I did some research and found that taxes have not been paid on this 2 to3 acre lot for a number of years I wrote to the address, some place in NJ (some 180 miles away) given to me by the town clerk and got the letter back as person unknown at this address. What would you do? I am tempted to check it out any way but there are nagging doubts. The odds of getting caught are low as this property is way out on a seasonal road with grass growing down the middle and not a house for 3 or 4 miles. Its just that the legalities bother me and I certainly don't need trouble but this could hold something good.

 

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[coinshooter]

Yes this is true, but in CA the beaches are wide open. There are no permits required to metal detect. It was definitely a power trip.
I am a bit of a rebel when it comes to this, but if it came down to it, I would just leave this woman's turf and go somewhere where they din't care as much.
He's another example for you:
I was at the beach one day and a girl asked" doesn't it hurt the marine life when you dig holes in the sand like that?" I just looked at her dumbfounded. SHe actually went over to the lifeguard and reported us saying that the Marine protection act was being endangered by our digging. Power trip from an Oceanography student or an eco nut case.

 

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[Cory in ORy]

Well, if it is truly "wide open", then she should be disciplined for exceeding the scope of her authority. However, it is possible that there are no permits required, but it may still be regulated.

I don't know about CA, but in OR, while no permits or permission are required to hunt beaches, there is some regulation of beach finds that would be considered "salvage". That usually doesn't involve detectorists, because those rules basically refer to wrecks and washed up cargo. Nonetheless, the point is that even though no permit is required, she could be right about the $100 thing.

Being from Oregon where you can do just about anything you want on a beach that doesn't involve littering or motor vehicles, I find it strange that a ranger would be posted on a beach if there were not regulations that needed enforcing.

 

[Stretch]

Getting back on topic here, I think you should first make every attempt to gain permission to hunt the land. If it can't be gained, then don't hunt it!! Plain and simple, you are trespassing and if caught not only do you hurt your reputation but every other metal detectorist in the country!!!

Law's are made for a reason, whether it be trespass laws or otherwise. Remember, you represent all of us, not just yourself!!

 

[coinshooter]

You forget the obvious in CA. If you can charge the citizens to go to the beach and make money, then it is worth it to "enforce the law". All that $ goes into the coffiers so that goobernor gay davis can get kickbacks for special interest projects.
You are correct, there are limits on anything over $100, but I am not sure if they are only for the antiquities act or for anything found. In any case, you wont see me handing it over regardless. If I hunt it and find it, my belief (although it may not be the case for all as I am only speaking for me) is that if I dug it, it's up to me to determine what to do with it. This is something that every detectorist has to wrestle with in their own mind.
Cory, I judge from your take on things that you are on the enforcement side of things. Am I correct?

 

[coinshooter]

Stretch - He did try and gain permission, but he can't even find the owner.
It's Not Posted, how does he know that he's is not on state game lands.
It would be one thing if there was a person living on the land, but if he has made every attemp to do his homework, which he has, and it is not posted, isn't it considered to be open and accessable. Anybody that wants to can walk up to your house and try and sell you something can't they?
If I saw a no trespassing sign, I would not enter for sure without permission, but, no sign, I say go for it!

 

[Stretch]

Stretch - He did try and gain permission, but he can't even find the owner.
It's Not Posted, how does he know that he's is not on state game lands.
It would be one thing if there was a person living on the land, but if he has made every attemp to do his homework, which he has, and it is not posted, isn't it considered to be open and accessable. Anybody that wants to can walk up to your house and try and sell you something can't they?
If I saw a no trespassing sign, I would not enter for sure without permission, but, no sign, I say go for it!

coinshooter...

What he found was that the land is still privately owned, just behind on taxes. And just because land isn't "posted" doesn't mean that just anyone can trespass (at least here in Texas). And no, not just anyone can come up to my door selling merchandise. It is illegal here if you have "No Soliciting" signs displayed. And as far as you saying "No sign, you say go for it", thats all cool, but it isn't what "YOU" say that matters, it's what the LAW says. Why risk it? Is a few clad coins or maybe an old one if he's lucky, worth it?

 

[coinshooter]

Sure!

 

[lab rat]

I've heard it a little differently for So Cal: Maritime salvage rules apply for anything below mean High Tide line, which basically applies to anything in the sand. Yes, if anything worth $100+ is found, it is supposed to be reported. I suppose that since I've been offered $100 for my heavy chain, I should report it. Someday I probably will. :lol:

And yes, there are the clam-huggers... To that girl I would have responded that metals in salt water corrode and dissolve (they actually act like batteries), and the pollution they cause (metal poisoning) is more harmful than digging a hole. So by removing the litter which shouldn't be there in the first place, we are actually improving the environmental conditions.

 

[Cory in ORy]

It sounds to me like the hole is not the concern; it is returning lost property to its owners.