Legality of MDing parks and curb strips

[Tom_in_CA]

.... See laws governing lost or abandoned property. Now that's an interesting discussion. ....

Correct. There's another "law" that is routinely not followed: Lost & found laws. Technically , all 50 states have lost & found laws, where you must turn in valuable items to the police for proper procedure. Usually a value criteria of $100 or $200 or whatever. Hence all those beach forum posts you see, where md'rs proudly show & tell their latest rings, are technically required to turn them in to the police.

And the law makes no distinction on when YOU think the item was lost, or "whether or not a person is still looking for it".

Hence one more reason why you shouldn't detect jamie-find. Except perhaps on private property.

 

Amazon Forum Fav 👍

A History of Mining on the Kenai Peninsula, Alaska - Grab it through Amazon!

[patiodadio]

All this sounds like Orwell's vision of the future where the state is in control of every aspect of life. You can't MD anywhere without the state's permission. What has happened to us ? Worse, what is next ?

 

[jamiefind]

All this sounds like Orwell's vision of the future where the state is in control of every aspect of life. You can't MD anywhere without the state's permission. What has happened to us ? Worst, what is next ?

We're just discussing government property. Sky is not falling. Proud that my state has a specific provision stating that none of it applies to private property.

 

[watercolor]

Normally, I don't hunt curb strip areas unless:

I have permission from the property owner (since they maintain it) or, that area is being torn up for street improvement (I consider this instance to be fair game).

 

[olprofessor]

Soloman- Lawyers are people, too. Your negative response is uncalled for. Judging by jamiefind's well thought out and articulate post, I think your response is dumb and reactionary. By the way, curb strips in front of schools are often very good places to find coins that students have dropped while getting out of the passenger side.

This is what happens when lawyers pick up a metal detector. I would love to see an intelligent discussion as to why some people hunt curb strips in the first place.

 

[T.C.]

....and this is all caused because....you guessed it...LAWYERS!! But, there are always exceptions to the rule...

All this sounds like Orwell's vision of the future where the state is in control of every aspect of life. You can't MD anywhere without the state's permission. What has happened to us ? Worst, what is next ?

 

[T.C.]

...and your response is not "dumb and reactionary"?? It's called "free speech". I think it still applies in this country!!

Soloman- Lawyers are people, too. Your negative response is uncalled for. Judging by jamiefind's well thought out and articulate post, I think your response is dumb and reactionary. By the way, curb strips in front of schools are often very good places to find coins that students have dropped while getting out of the passenger side.

 

[jamiefind]

....and this is all caused because....you guessed it...LAWYERS!! But, there are always exceptions to the rule...

No, it's caused by the government agencies, sometimes at the behest of the People.

 

[jamiefind]

...and your response is not "dumb and reactionary"?? It's called "free speech". I think it still applies in this country!!

Funny how some people criticize and avoid some laws but invoke others when it suits their interests.

 

[Tom_in_CA]

No, it's caused by the government agencies, sometimes at the behest of the People.

Perhaps. But the BIGGER question is, "What put it on the government agencies radar as something that needs a rule to address it ?"

Do you really think any govt. agency person ever saw a guy md'ing a curb-strip and thought "Oh me oh my, there's a man with a metal detector that .... gasp .... might find an old coin?" Probably not. Then what put it in front of them as a "pressing issue" that needed addressing ?

 

[T.C.]

" I can make that judgment call on my own without help from those who roll their eyes at people who make an honest effort to avoid being a criminal / societal parasite." Your words jamiefind, not mine. Did you just come on here to insult people who metal detect?? Sounds to me like that is the "bottom line." Also, I'm not impressed with your "lawyer speak" and I very seriously doubt that you even metal detect...Have a nice life!!

 

[jamiefind]

" I can make that judgment call on my own without help from those who roll their eyes at people who make an honest effort to avoid being a criminal / societal parasite." Your words jamiefind, not mine. Did you just come on here to insult people who metal detect?? Sounds to me like that is the "bottom line." Also, I'm not impressed with your "lawyer speak" and I very seriously doubt that you even metal detect...Have a nice life!!

Of course not, although just about all of you have insulted me. I didn't ever ask if I could get away with curb strip or city park metal detecting, but for some reason that's what keeps being discussed. I asked a very narrow question, and only a couple people responded on topic. The rest has been tangents and soap boxing. I have been really disappointed in the professionalism of most of the replies. I asked the question to develop my knowledge base and grow, but you and Tom have just mocked my profession and the fact that I dared to even ASK my question at all. Heaven forbid we learn the legal framework that governs our hobby so we can make more informed decisions about the risks we take.

And I am scratching my head at what part of my posts sounded like I was trying to impress anyone with lawyer speak? None of my posts were wordsmithed very carefully. If something I wrote came across as brainy, I don't know what to tell you other than we have different thresholds of impressive language. I don't know if you and Tom would have attacked me or my question if I had omitted my profession, but it seems like it. You either consider me a liar or didn't read my original post where I explained that I didn't really like most lawyers myself. I'm not "that guy," which is why I am able to enjoy this hobby, get my hands in the dirt, and get excited over monetarily worthless relics that show some history. In fact I think my profession and experience makes me appreciate the hobby even more, at least the relic hunting component, because it has taught me more about history, land records, taxes, etc., than I would have otherwise learned on my own, at least within the same timeframe.

Unless anyone has any helpful on-topic replies to my original question about whether my state's law is an outlier, I'm not going to respond again. This is about the worst way this thread could have gone.

 

[el padron]

Cryptic replies don't really add anything to the discussion. No idea what your post means.

I know, huh?
Neither do I, Several of my banner finds have taken place on or near curb strips.

Get used to it though, replies like these typically come from the most popular posters on this forum.

 

[Tom_in_CA]

..... I didn't ever ask if I could get away with curb strip or city park metal detecting, but for some reason that's what keeps being discussed. I asked a very narrow question, and only a couple people responded on topic. .....

Ok. It (all public land in MS) is illegal. But yes, you can get away with it d/t no one cares (barring if you're being obnoxious and/or waving your old coins beneath a purist archie's nose) . Your question was answered previously.

...the fact that I dared to even ASK my question at all. ....

Not a problem at all that you asked. It's very relevent questions. And all have come up before from skittish folks.

.... so we can make more informed decisions about the risks we take....

Risks? I thought you were talking about actual laws. Not "risks" . If you're asking about "risk", then there are no risks. Evidenced by the scores of folks who m.d. in MS at (gasp) public locations with no issues or problems. See how you just contradicted yourself ? Unless you meant "risk" as in what *COULD* happen, given enough extreme odds. Then sure, you're "at risk" of imminent doom. The same as the risk of being locked up and your home being taken away d/t a jay-walking infraction. Could it happen ? SURE. Is it likely to happen ? No.

.... ..And I am scratching my head at what part of my posts sounded like I was trying to impress anyone with lawyer speak? ...

Not me. I took you at your word. That you are a lawyer who is extremely skittish at law-keeping. Everything you're saying, afterall, has come up before in posts. Of things people wonder if we should be worried about, seek clarifications on, etc....

 

[Muddyhandz]

Well, I can't provide you with any state laws as I'm living here in Canada but I did provide you with real life experiences.
Combine what I posted with Tom's Frisbee example and there you have it.....
As long as we are leaving very little impact to park property, then our hobby should be seen as being no different than any other recreational activity taking place.
Do you think we really need to pour over all the legal jargon in order to go out and have some fun?
Do ultimate Frisbee junkies read all this mumbo-jumbo before heading to the park so that they can play legally?
As for removing historical artifacts.....Archaeologists will claim that EVERY bloody piece of earth on this planet is a historical site!
I'm going to exit this "discussion" since I can't provide you with what you seek.
Good luck in finding that here!

 

[Tom_in_CA]

....Do ultimate Frisbee junkies read all this mumbo-jumbo before heading to the park so that they can play legally?....

Well in my opinion: THEY SHOULD ! Afterall, a frisbee can poke someone's eye out ! Thus they too should worry themselves silly , and ask if prohibitions against "throwing dangerous projectiles" applies or not. Of all the nerve, Haarrruummmphhh!

 

[T.C.]

cudamark....." Here in my city, it's either 20 or 25 feet each way from the center of the road that is city owned, depending on the section of town. That usually covers the curb, parking strip, and sidewalk, but, bring a tape measure if you have any doubts."

Here in the state of Ore-e-gone most ROW's are between 40 feet to 60 feet wide...

 

[Loco-Digger]

Personally I do not hunt a curb strip in front of someones house, unless I get there permission. They are tasked to maintain it, so I think it best to ask them for permission. The last thing I want is to shed a bad light on this hobby via an irate homeowner who peeks out their window and sees a stranger digging in what many consider their yard and get the police involved. I would not set up a corn hole game, on a curb strip, in front of someone else's property even though I may have the legal right. It just doesn't pass the smell test. It's not always about what is legal, but rather what is the "right thing to do" IMHO.

 

[Tnmountains]

Careful on the attacks or you will not be posting on this site.
Thanks!

 

[TheHunterGT]

Personally I do not hunt a curb strip in front of someones house, unless I get there permission. They are tasked to maintain it, so I think it best to ask them for permission. The last thing I want is to shed a bad light on this hobby via an irate homeowner who peeks out their window and sees a stranger digging in what many consider their yard and get the police involved. I would not set up a corn hole game, on a curb strip, in front of someone else's property even though I may have the legal right. It just doesn't pass the smell test. It's not always about what is legal, but rather what is the "right thing to do" IMHO.

Agree 100% Loco. I think many people lose sight of of the fact that "legal" does not equal "must be done". It's legal for me to be a complete ******* but I sure try not to be...on most occasions. I sure as hell don't strap an AK-47 on back and walk through town because it is legal. But anyways...not trying to get political or off topic.

I do know if I went outside to get my morning paper and some guy was detecting the strip that according to the city I "must" maintain.....I would kindly ask him not to do that as I have already detected it. If being polite did not work I suppose I would express my "legal right" to be a jerk and stand directly in front of him until he bumped his coil into my leg. Then my legal right of self-defense would come into play. I mean he did just swing it in an arc at me....clearly self-defense.