Had the police call on me today!

[CMan1]

Good story just keep digging.

 

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[NcHillbilly]

Honestly, I'd have a problem if I saw someone in my front yard digging it up as well. Yes, technically there is an area so far from the street owned by the city, but I maintain it. I cut the grass, pick up the trash, hell I even clean the curb which is without a doubt city property.

I understand you were not in the wrong here, legally. However that doesn't mean it's a wise decision to start digging up everything '30 feet from the center of the street.

 

[Rawhide]

In some states you could be legally shot for doing that. Some folks are very protective of their rights too. If it was a side walk dig out I don't see a problem. But if its part of someone front yard. I would be very careful with plugs and holes.

 

[cudamark]

Honestly, I'd have a problem if I saw someone in my front yard digging it up as well. Yes, technically there is an area so far from the street owned by the city, but I maintain it. I cut the grass, pick up the trash, hell I even clean the curb which is without a doubt city property.

I understand you were not in the wrong here, legally. However that doesn't mean it's a wise decision to start digging up everything '30 feet from the center of the street.

That's part of the problem. Many people don't realize that the grass strip (in most towns. Check your local rules to be sure) is NOT private property, even though you're required to maintain it.

 

[NcHillbilly]

That's part of the problem. Many people don't realize that the grass strip (in most towns. Check your local rules to be sure) is NOT private property, even though you're required to maintain it.

Oh, you were digging the strip between the sidewalk and the street? That's different...I don't see an issue with that, I thought you were digging in the yard.

 

[Tom_in_CA]

Does anyone else here see the implicit inference of the following two quotes:

..... But if its part of someone front yard. I would be very careful with plugs and holes.

Honestly, I'd have a problem if I saw someone in my front yard digging it up as well ......... that doesn't mean it's a wise decision to start digging up everything.......

As you can see (emphasis mine), that .... such entries into the debate have the implicit mind set of what? HOLES (mess, damage, scars, etc...). Right ? But since when is that the "automatic equivalence" of metal detecting? I agree that some people might THINK you and I are "about to leave holes/mess". Sure. SO TOO can the same be said of parks. There's no shortage of people (gardeners, cops, etc..) that might incorrectly think you are about to make a mess. Ok, so what? THEY'RE MISTAKEN. If you leave no trace of your presence, then presto: you're not guilty of those things.

That's not to say that the homeowner isn't within his rights to make that mistake. Sure. Ok, fine, then why don't people just pick low traffic times (just as we ALL do for parks anyhow, - same thing) and avoid just mistaken notions, in the first place?

But for Pete's Sake: Let's stop with this automatic equivalence that md'ing somehow = destruction/damages/holes inferences.

 

[kristof.wanderer]

My take on this story is that even though this land belongs to the city,it is only right that we use etiquette.It's a part of
metal detecting 101.If this land is a part of the land the homeowner takes care of?Communicating with the homeowner is not out of the question..Actually it would be the right thing to do.

In Texas, this isn't private property until someone slips, falls and gets hurt! Here, we have a code for "civil law" and another code for "criminal law"...where the sidewalk is private under one code and public under another...lawyer lawmakers! Geez...

 

[kayakpat]

Access to Public Property

The U.S. Constitution protects your right to speak and, in some instances, grants you a right to access public places to gather information. Your right to access public property is not absolute, however. Generally speaking, you have the same right of access to public property as the general public.

This section covers your access to public (i.e. government-owned) property. (Refer to the section on Access to Private Property for more information on entering privately owned property.) Not all government-owned property is open to the general public. Depending on the type of property you wish to enter, your right to access public places may be constrained by reasonable time, place, or manner restrictions, or by the government's interest in managing its property.

Here is an overview of the three types of public property you are most likely to encounter:

Property That Historically Has Been Open to the Public

Your right to access public property is strongest when the area you wish to access has historically been open to the public for the exercise of speech, public debate, and assembly. These areas are known as public forums and include spaces such as sidewalks, parks, and town squares. You may freely enter and gather information while in these public spaces, but you should do so without disturbing the peace or interfering with those around you. Your right of access does not confer immunity from all liability if your conduct is disruptive or harassing.

Property That Is Open to the Public for a Limited Purpose

Your right to access government-owned property that is only partially open to the public is a bit more limited. If the general public is permitted to access only certain areas or for certain limited purposes, you right to access the property for newsgathering purposes is similarly limited. For example, some parts of a courthouse are open to the general public, but portions of the courtrooms themselves are accessible only by the parties in the litigation and judges' chambers are completely off limits to the public.

However, some public property, even though it is open only for limited purposes, can take on the attributes of a public forum discussed above. A classic example of this type of property is public schools and universities. Although public school and university buildings are not wholly open to the public, some parts of a campus may be considered a public forum. If a school's large open quad is accessed from public sidewalks and streets and freely used by the general public with no apparent objection from the school administration, then the quad may be considered "dedicated" to public use, and therefore more like the traditional public forums of the public park and sidewalk. Additionally, if the school opens certain of its rooms for non-school meetings that are open to the public, those rooms, during those times, will be treated as public forums.

Remember that because public schools are not entirely public forums, school administrators often have the discretion to restrict the entry of outsiders, particularly while the school is in session. Check in with the school administration before entering school grounds or you may be liable for trespass. Additionally, some states laws prohibit people from loitering within a certain distance while school is in session. These "school loitering laws" are mainly aimed at keeping sexual predators and drug dealers away from schoolchildren, but be aware that their language may be broad enough to cover lawful or innocent activity as well.

Property That Is Not Open To the Public

You cannot access or gather information on government-owned property that is not open to the general public. This type of property is known as a nonpublic forum in which the government can charge you with trespass if you enter without authorization. The following are examples of nonpublic forums:

An airport terminal is a nonpublic forum. See International Society for Krishna Consciousness v. Lee, 505 U.S. 672 (1992). The Supreme Court has noted that airports are "among those publicly owned facilities that could be closed to all except those who have legitimate business there." United States v. Grace, 461 U.S. 171, 178 (1983).

Government-owned civic centers, stadiums, or theaters used for private commercial purposes are not public forums. When the government leases a convention center, the private lessee may legally exclude individuals who want to report on newsworthy events. The event coordinators may even grant exclusive media coverage rights to a particular media outlet and deny access to others who want to cover the event (or at least deny them access in their capacities as journalists).

 

[kayakpat]

Access to Public Property | Digital Media Law Project

 

[Charlie P. (NY)]

And every municipality, county or state may have unique laws. If the city or village has an easement on your curb that means they have the right to free passage and access to buried or overhead utilities. The power company likely has an easement as well and the telephone company may sub-let use of the poles from them. It does not mean is public property. It is private property with an easement for specific usage.

The sidewalk is public thoroughfare, but stopping and digging is different from free passage.

Your area may be different. Older towns have "greens" and grassy divider strips in the middle of streets. These probably are owned by the municipality. First question would be: who maintains it? Can you dig there? You can until someone says you can't.

Note that free and equal access is different from right to damage and remove objects. We may not see digging as destructive. But LOTS of nondetectorists do. Especially when there are those among us who make a real mess when tearing in after a signal.

 

[BARKER]

Hi Ivan salis; He just did. !!! PEACE:RONB

 

[CentralTXTreasureHunters]

Im a MD, Dealer, and an attorney. As far as Texas is concerned, the homeowner OWNS the property out to the street, as far as a residential neighborhood is concerned, and the City or State, whichever the case may be, merely has an easement for the purposes of piping water, electricity, sewage, etc. Having an easement, by covenant running with the property, by license, or prescriptive in nature, IS NOT OWNERSHIP of the real property, but merely the right to access it and maintain the latent infrastructure. In Texas, reasonable force necessary to remove you from the homeowner's property could have been exercised. What you did makes the entire hobby of metal detecting look bad. JUST GET PERMISSION!!!!!

 

[Treasure_Hunter]

Wow. All cities in Texas? Certainly not the case in my city. They are considered city property and I can legally hunt them and I do. I don't think in Missouri attorneys can publicly give legal advise but I'm not sure on that. I do know I can legally hunt my curb strips without asking. I don't know to whom your comments were direct at but as a newbie you should know that the use of all capital letters when talking to someone on this forum is against the rules. Just letting you know in case you want to edit. I have no problem with it personally.

Kemper your not a mod, your out of line and caps can be used to stress a word which is what he did.....

 

[Treasure_Hunter]

CentralTx welcome to TreasureNet!

 

[Treasure_Hunter]

It is a guideline not a rule. Wasn't playing a mod but trying to help the new person out-----
Don't "SHOUT" in large type. Use bold, red, or other special type only when necessary. (Exception: birthday greetings, special congratulations, etc.)

Kemper I have been on TN since 2006 and a mod for 3 years, I know the rules and the interpretation of them. Guide lines are still part of our rules, if you have issue, take it to PM..

 

[Tom_in_CA]

Welcome central Txt . As a lawyer, we/I am looking forward to your input.

Dunno how the technical wording is for my state (CA). It could be exactly as your saying That it's owned by the homeowner, but that the public is allowed access to it (eavesement perhaps is the word?).

So for example: If I were to see someone pull up and park in front of my house, to go to the park across the street from me. And I see them walk around to their side door, to unload their kids, picnic basket, etc... I am not within my legal right to "forcibly remove" them from "my property", am I ? I mean, they are allowed here, and in Texas, to be there as they exit from the side-door of their car, aren't they ?

 

[Treasure_Hunter]

Sigh, thread is locked....

 

[jeff of pa]

easements


noun
plural noun: easements

• 1.
  Law
  a right to cross or otherwise use someone else's land for a specified purpose.
  
  Property Lines & easements in my town
• 
  
  
  
  I'm not going to interpret the law .
  
  but those who mow in front of their homes certainly have a say
  on everything but the walk Through.
  
  How about a Novel idea at TreasureNet
  
  Let's see if we can get through 2015 without any long time members starting a post to discuss legal issues.
  since it's been done to death here since the 1860's