KY detectorists beware this bill

[Mark S.]

This is a bill in the state of Kentucky HB117. It is mainly aimed at protecting cemeteries on private property. However there is wording in the beginning that goes way beyond that.

http://www.lrc.ky.gov/record/07RS/HB117/bill.doc

http://www.lrc.ky.gov/record/07RS/HB117.htm

It is the standard attack. Requiring permits for archaeological excavations on PRIVATE PROPERTY. If you don't read it close you may breeze right by it and not notice it. It has nothing to do with cemeteries. The definition section is the key. It could be used to outlaw any metal detecting or collecting on private property.

I know of a professional archaeologists who is fighting this bill. As a friend to the hobby he is not part of the "circle" so he and his nationwide amateur archae. organization would also be locked out by this bill.

If you are from KY then go to this link for contacting your legislator.

http://www.lrc.ky.gov/whoswho/whoswho.htm

If you are not form KY then go to the same link. Go to the bottom of the page and click on "organization and administration" and you can navigate for who you wish to contact. The bill is in the "Local Government" committee right now.

Mark Schuessler
FMDAC Alliance Liaison

[captain ahab]

It only takes a couple minutes (it took me about 5 with dial-up service) to send KY reps an email regarding this topic... take the time to express your opinion to those making laws.

[Illinois Jeff]

It seems pretty hard to believe that they could stop you on private property. What if you have permission from the owner? Sounds like a definite violation of civil rights...because if i give my permission i would not expect somebody to come over and say you cannot do this despite my permission, after all if its my land i have the say on who comes and who goes...it'll be interesting to see what direction this goes and it could set a major precedent. If every state follows suit, you could see this hobby dry up quick.

[Mark S.]

That is the spooky part of these undertakings. Does it trump the property owners rights? Does the property owner have any say in whether or not his holdings are listed as a protected site? It does not state this. Here are some scenarios:

1. You are granted permission to search a site on private property. Along comes the Kentucky Heritage Council and has you arrested in spite of the fact that the owner is standing there protesting it.

2. The owner is buldozing an old foundation on his property to farm over it. Or build a barn or whatever. He is arrested for damaging this site.

3. The owner is digging an old bottle dump on his property that he ran across when digging postholes for a new fence. He is arrested.

4. The property owner comes home one day and sees people in his field digging. Or maybe his front lawn! It is a group who got their permission from the KHC. Not from the owner. He cannot do anything about it because the law says they only need permission from the KHC.

Are these far fetched. Not at this point. The way this bill is worded any of these scenarios could happen.


Mark S.