Indiana laws

[karajo]

Just curious if anyone reads this part of the forum.
Also does anyone know anything about indiana laws concerning metal detecting?
Such as abandoned sites? If its abandoned how do i find out who owns it?
thanks
kara

 

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[jeff of pa]

Hi Kara ; I don't know specifically on Indiana laws, however , I would think their the same everywhere, when it comes to Abandond properties.? there are several different things you can try in order to locate ownership or permission to search. by definition "Abandond" means just that. it most likely went up for taxes. "ignored" is another posability. ........... to find out who owns it, you can either go to the court house in the area, & check, or you can ask someone who lives near it. You can also ask the Police, The Post office, & even someone walking down the street, if they know.? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? My personal process, is to first ask the Neighbor if there is one. , if I can't get info, I head for the post office. & at any point, while doing this I see a Police Cruiser, I pull him over & ask him. If he says he don't know, I ask him IF he thinks anyone would complain if I metal Detected the Property. this has worked 100% of the time for me, when it comes to abandond properties & when the owner is from out of state.? ? ? ? ? ? ? ? ? ? ?this may not work in cities, But here in the Mining & Farm Country, people are alot more open minded.

 

[headhunters1978]

try getting ahold of the surveyors office in that county. i belive thats what i did when i ran into this problem good luck

 

[cavers5]

Ya'll might want to take a look-see at what's going on with IN arch laws!

I'm beginning to think it's worse than KY! Nobody seems to be opposing them!

Cavers5

 

[luckyinkentucky]

Indiana is an Indian Artifact and Metal Detectorists' PRISON. You can't dig PERIOD for items that predate 1960. Everything else is covered under the Indiana Antiquities Act. If you get caught with as much as a small garden trowel in your back pocket you can get up to 5 years in Prison, and a $10,000 fine. Ask Art Gerber of Tell City, IN. He spent a year in a FEDERAL prison for artifact hunting in Indiana.

Trust me ... I'm up on all of the laws of the states where I artifact hunt. I live 5 minutes from Indiana on the Kentucky side of the Ohio. I don't even waste my time going over there anymore for Indian Artifacts. Two Rockport, Indiana boys were prosecuted last Fall for metal detecting in the park along the Ohio river in Tell City, Indiana. They both got a $5,000 fine for having a gardening spade with them!

Kentucky has very lenient archaeology laws.

 

[cavers5]

Well, I wouldn't say that we (Kentucky) have lenient laws, but so far we've had a few politicians with some common sense! Thank goodness!

I don't artifact hunt anyhow as I'm an archaeologist, however, I do like to metal detect as a hobby and my children love it as well. So, I'll fight to protect that for them.

I have relatives in Indiana who are wanting to metal detect and boy, it is sure a pure pain to try and understand the b.s. laws up there! I wonder how many people do metal detect in Indiana? Are they keeping a low profile or has anyone tried to do anything about those laws?

Whew!

Cavers5

 

[junior967]

I live in Indiana. I metal detect all the time, and have never had any problem. I will have to look into the laws you all refer to. If they are as bad as you say, I will call my State Rep who is a friend of the family and see about getting things changed

 

[junior967]

The state of Indiana has passed many laws to help both protect and preserve archaeological sites within the Indiana Revised Code.


The following information has great knowledge wealth for young archaeologists interested in the legal aspect of archaeology.

TO BEGIN:

It is both relevant and necessary to understand the definition of artifacts, as well as human remains in accordance with the Indiana Revised Code’s definition. Legally, there is little room for interpretation of these laws, as they are simple to understand. However, reckless failure to acknowledge these laws result in penalties that many young archaeologists are unaware of, and the following knowledge you will acquire will keep you safe from a detrimental career move. It is my goal to both connect you, the reader with the laws of the state of Indiana, in order for you to both enjoy, and respect the splendor of archaeology while not breaking the law.



QUESTION AND ANSWER SECTION:

Q.) What classifies an old thing as an artifact in Indiana?

A.) In the state of Indiana, an artifact is defined as any object made or shaped by human workmanship before December 11th, 1816 (14-21-1-2).

Q.) How does the state of Indiana define burial remains?

A.) In the state of Indiana, burial remains include objects present at the time of burial, as well as any human remains found before December 31st, 1939 (14-21-1-1).

Q.) If I discover an ancient human burial, should I continue digging in order to find artifacts to report to the Indiana Department of Natural Resources?

A.) No You must notify the DNR within 2 business days and must cease digging. (Section 27 of 14-21-1)

Q.) What will DNR do once I report a new site?

A.) The following (from Section 25.5 of I.C. 14-21-1), explains the correct legal way to deal with Native American burial sites in accordance with the Indiana Revised Code.

Notify the department of natural resources within 2 business days of the discovery.
Once reported to the department, the following actions will be taken by DNR.
The Native American Indian Affairs Commission will be notified of all research, writings and findings from the discoveries.
A written notice will be sent to The Native American Indian Affairs Commission upon completion of research.
The human remains then are returned to The Native American Indian Affairs Commission for final disposition of the remains

Q.) What are the consequences of breaking these laws?

A.) A Class A Misdemeanor, followed by a Class D Felony for second time offenders.

Class D Felony: half year to three years imprisonment, up to $10,000 fine
Class A Misdemeanor: half year to full year imprisonment, up to $5,000 fine

Q.) Is it illegal to collect artifacts from the surface of a site?

A.) It is not illegal to surface collect, as long as the land owner grants permission.

Q.) Do I have a stake in the archaeological record of Indiana?

A.) Section 31 14-21-1

The Commission will take into consideration while enforcing these laws:
The rights and interests of land owners
The sensitivity of human beings for treating human remains with respect and dignity.
The value of history and archaeology as a guide to human activity.
The importance of amateur archaeologists in making historical, cultural, and archaeological discoveries.
Applicable laws, standards, and guidelines for the conduct of archaeology and codes of ethics for participation in archaeology.

For a further understanding of the Indiana Revised Code, visit the following links:

http://www.in.gov/legislative/ic/code/title14/ar21/ch1.html
http://www.in.gov/dnr/

 

[junior967]

Here is a link the Indiana Criminal Code for Archeological Digging. Section 14-21

http://www.indiana.edu/~arthics/IndianaLaws.htm

 

[junior967]

And this from the Indiana Division of Historic Preservation and Archaeology

INDIANA ARCHAEOLOGY LAW
QUESTION AND ANSWER SHEET
Q: Are archaeological sites and human burial sites protected in Indiana?
A: YES. The Indiana Historic Preservation Act (IC 14-21-1), as amended by Public Law 175 in
1989, provides protection for archaeological sites and historic burial sites regardless of their
location on state or private lands. All archaeological sites with artifacts dating before
December 11, 1816, are protected under this act. Human burial sites are afforded protection
under IC 14-21-1, IC 14-21-2, IC 23-14 (Indiana General Cemetery Act), and others.
Q: What is an artifact?
A: An “artifact” is defined in IC 14-21-1 as “an object made or shaped by human workmanship
before December 11, 1816."
Q: Is it illegal to surface collect artifacts?
A: It is not illegal to collect artifacts from the surface of sites as long as the collector has the
landowner’s permission to be on the property and collect artifacts.
Q: If I surface collect artifacts, who do they belong to?A: Artifacts and materials belong to the property owner unless he or she assigns ownership of
the materials to another party.
Q: Is it legal to disturb the ground for the purpose of obtaining artifacts or human
remains?A: IC 14-21-1, as amended by Public Law 175 in 1989, makes it clear that no person can disturb
archaeological sites with artifacts dating before Dec. 11, 1816 or human remains dating on or
before Dec. 31, 1939, without an approved permit from the Indiana Department of Natural
Resources (IDNR).
Q: If I see or know of looting of an archaeological site, whom should I contact?A: Any disturbance, vandalism, or looting of an archaeological site should be reported
immediately to either local law enforcement officials (who will then contact Conservation
Officers) or the Division of Historic Preservation and Archaeology.
Q: What should I do if I discover human remains or know of disturbance to a human
burial site?A: Any discovery of human remains or possible human remains should be left undisturbed and
reported to the IDNR, Division of Law Enforcement, or the IDNR, Division of Historic
Preservation and Archaeology as soon as possible.
Q: What happens if a burial or archaeological site before the dates mentioned above is
accidentally discovered or encountered by activities such as earthmoving or
construction?
A: The individual finding the site or burial must report the discovery to the IDNR within two
working days. If they do not report the find or keep disturbing the site, they are breaking the
law. When the discovery is reported to IDNR, law enforcement officers and professional
archaeologists investigate the discovery and decide on a course of action to protect the site.

Any questions regarding archaeology in Indiana can be directed to the State Archaeologist,
Dr. James R. Jones III at:
Indiana Department of Natural Resources
Division of Historic Preservation and Archaeology
402 West Washington Street, Room W274
Indianapolis, Indiana 46204-2739
317-232-1646 ; FAX 317/232-0693
www.ai.org/dnr ; [email protected]

 

[junior967]

Indiana is an Indian Artifact and Metal Detectorists' PRISON. You can't dig PERIOD for items that predate 1960. Everything else is covered under the Indiana Antiquities Act. If you get caught with as much as a small garden trowel in your back pocket you can get up to 5 years in Prison, and a $10,000 fine. Ask Art Gerber of Tell City, IN. He spent a year in a FEDERAL prison for artifact hunting in Indiana.

Trust me ... I'm up on all of the laws of the states where I artifact hunt. I live 5 minutes from Indiana on the Kentucky side of the Ohio. I don't even waste my time going over there anymore for Indian Artifacts. Two Rockport, Indiana boys were prosecuted last Fall for metal detecting in the park along the Ohio river in Tell City, Indiana. They both got a $5,000 fine for having a gardening spade with them!

Kentucky has very lenient archaeology laws.

Q: What is an artifact?
A: An “artifact” is defined in IC 14-21-1 as “an object made or shaped by human workmanship
before December 11, 1816."

Q: Is it illegal to surface collect artifacts?
A: It is not illegal to collect artifacts from the surface of sites as long as the collector has the
landowner’s permission to be on the property and collect artifacts.

 

[cavers5]

Wow! Thanks for taking the time to post all of that info.

I think, and I may be wrong about this, that some new laws just got passed or are in the process of being put into a bill or the bill was up for a vote.

The reason I say this is because I recently received some personal correspondence from an arch buddy who just moved up there a few years ago. I have deleted the correspondence, but wished I had it on hand now, esp. since some of my Indiana relatives are buying detectors!

Oddly enough, the archie couple he was talking about, well, I had met them before. They are big buddies with ol' Dave and Gwynn from down here (See KY law post.)

Glad you got some political family friends! That can only help!

Cavers5

 

[Tom_in_CA]

Junior967, thanx for posting all that. A few key things stick out to me: First, that it is only "archaeological sites" that are off-limits. So that would mean that regular parks that are not obvious historic monuments, would be ok. Ie.: not all school yards and parks are "archaeological sites". I assume there is a record of all such sites kept by the state somewhere. In England they call them "registered" sites

The other thing that stands out in your post is that you say: "I metal detect all the time, and have never had any problem." This is quite often the case, when people lament that supposedly their city or state or something dis-allows detecting. Yet in those same locales, others (who apparently don't bother themselves with such minutia) detect at-will and never have a problem. That is, apparently rank and file bureaucrats could really care less about or simply don't know, etc... But if you were actually being a nuisance on a historic site (leaving a mess, can't take a warning, night sneaking sensitive stuff, etc...) then you might be in trouble.

But if you ask enough questions, and go high enough up the chain of archies, sure, someone will tell you that you can't so much as LOOK at a sand box or whatever. Does that mean you really can't, in actual affect? I've heard of some guys who research to see if they can detect at a given park or in a given city, and supposedly get a "no". But what's wierd is, that we've detected those same parks or schools for years, in full view of anyone and everyone, and never had a problem. So for this reason, I sometimes take supposed "laws" with a grain of salt. I would probably put more credence into local md'rs, who know the area and what's actually occuring.

 

[junior967]

Tom_in_CA.... In Indiana I detect local parks, schools, etc. I have only been asked to leave 1 park in my time hunting. That was by a grounds crew guy that thought I was going to destroy his nice cut grass. When I approached the superintendent of parks he said he had no problem with it as long as I did not leave holes and did not kill his grass. One thing I have found to help is I carry a spray bottle of water and liquid fertilizer in my backpack and spray the roots of a plug I dig before replacing. I have yet to find a dead spot when I dig.

Other sites in Indiana are considered off-limits. Historical sites, some state parks, conservation lands. But the majority of locations I hunt are private property so unless I happen to stumble onto a Indian burial site or something I do not usually forsee me running into problems.

 

[cavers5]

junior,

That is really a great idea about carrying the spray fertilizer and water. I think we might implement that ourselves!

Good luck hunting!

Cavers5

 

[junior967]

Funny thing is some of the time when I go by a lot I have checked in the past you can see some of the spots I dug because it is the only grass that is real green and growing well.....

 

[cavers5]

Woops! Go Figure!

Cavers5

 

[pdsniper]

As a Police Officer and Elected Official in Indiana, here are my two cents. Metal detecting and surface hunting are not illegal in Indiana. However, keep this simple rule of thumb in mind: if you don't own the property, someone else does. Simply put, find out who owns the property you wish to hunt on and get permission. This little bit of leg work goes a long way to avoid legal (and moral) headaches.

 

[jeff of pa]

As a Police Officer and Elected Official in Indiana, here are my two cents. Metal detecting and surface hunting are not illegal in Indiana. However, keep this simple rule of thumb in mind: if you don't own the property, someone else does. Simply put, find out who owns the property you wish to hunt on and get permission. This little bit of leg work goes a long way to avoid legal (and moral) headaches.

Welcome ! & Very well said.

That works for every state

 

[Goodyguy]

Hi all,

I live and metal detect in Clarksville Indiana (just north of Louisville Kentucky). Yesterday I stopped by the police station to make sure it is ok/legal to MD in the city parks and if a permit or special permission is needed. I was told its ok to MD and that no permit is needed.
I almost wish a permit were available just so I could have written permission and be able to produce it if necessary.

One thing that bothers me about the artifact law is... how in the world am I supposed to know if something I dig up was made before December 11, 1816 if there is no date on it?
Buddy~