Legal Question

gold fish

Bronze Member
Sep 21, 2006
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N.W.A.
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Tesoro - Cortez Minelab SE
Does anyone know where I can find the state statute regarding recovery rights in and around street-side treebanks ?? I was run off today by a cop that told me digging is destruction of property, I know this is not true and have been told so before by state and local officers. I just don't know where to go to find the specific ruling, any help would be appreciated, thanks guys and girls.
 

PJ in WI

Full Member
Mar 17, 2007
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EXPLORER SE and an ACE 250
Hey Gold Fish. I do not know the answer to your question but I am interested in the answer. What town or city was this enforcer of the "law" from. PJ
 

OP
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gold fish

gold fish

Bronze Member
Sep 21, 2006
1,116
20
N.W.A.
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Tesoro - Cortez Minelab SE
Baraboo. Some lady threw a fit, and I wasn't even on her side of the street. Just a nosy brat of a woman that told me all about "invading privacy", without considering the fact that she was invading my rights. Some people definately should have been paddled as children. Then the cop that arrived just happens to be the town bully. It was a really bad experience, I have a hard time respecting the police when their only concearn is pushing people around. He couldn't site a reason for me to leave, but said I had to anyway. Just a jerk.
 

jb7487

Sr. Member
Apr 16, 2009
354
19
Before assuming that the lady was a jerk, you should read through this ENTIRE thread. There are fellow detectorists out here who will disagree with you. It is an evenly divided debate with many of us claiming that you don't have the right to hunt the curbs without permission because they are city/personal property. Paying taxes does not give you the right to hunt on all public grounds (only those public grounds set asside for public use and which no ordinance against digging has been enacted). There are many of us who will also tell you that you are giving other detectorists a bad name by not asking for permission. Now that you know where I stand on the issue, you can read the rest yourself, including what those who will likely side with you believe. :wink:

http://forum.treasurenet.com/index.php/topic,263720.0.html
 

diggemall

Hero Member
Apr 19, 2006
887
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northeast Wisconsin
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Fisher CZ3D, BH Discovery 3300
gold fish said:
Does anyone know where I can find the state statute regarding recovery rights in and around street-side treebanks ??

I really doubt you will find one, but if you want to search, here's the source: http://www.legis.state.wi.us/RSB/STATS.HTML

Generally, 'treebanks' are private property to which the municipality has a utilities and roadway easement. (try GIS mapping for your community to see where the property boundaries extend to) In this case, you would be a) trespassing (if off the sidewalk), and b) digging (destroying) someone elses property.

Most municipalities have ordinances governing the use of the 'tree banks' (what you can and cannot plant, whether the city or the land owner is responsible for mowing, clearing sidewalks of snow, etc., for example)

"recovery rights" are most likely covered in municipal codes dealing with lost and found property.

Diggem'
 

onfire

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Nov 30, 2004
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Getting a answer to this question, seeing whos running this state is impossible. I have never dealt with people who absolutely don t know there job and have no idea where to look it up. So I did the next best thing I had a sign printed for the side of the truck that says WATER thats it not water co or water works no law says water is illegal and I wear a yellow vest. never had a problem with the liberals also Im very careful about damage the city does more damage to my property than I d ever think of and after the fact they except me to fix it Because I have no sidewalks on one side of my land they own 13 feet from the curb so get this no sidewalk right , last winter a cop comes to my door and threatens me with a ticket to shovel my walk I ask why? and he informs me a jogger complained she had to run in the road and to think these people vote?????
 

Bum Luck

Silver Member
May 24, 2008
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Wisconsin
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In a typical city, the property line is usually behind the sidewalk, although in some older parcels that's not true. In the country, it's almost always the case that the property line goes to the road center.

Most folks have no title claim to the "street", which is dedicated to the city by the platters, hence city property.

Easy to see why the cop did what he did, and there may have been a tiny bit of legitimacy in "digging is destruction of property". Anyway, it's hard to argue with a cop; much wiser to just move on.

I wouldn't want you digging on my tree bank; I mow it and remove the dog crap from it, and so am a little territorial. I generally only detect there during street reconstruction when everything is an awful mess anyway, and no one has complained yet. Haven't found much, either, I have to say.

You could get permission from the homeowner to dig even though it's not his property; at least then they won't call the cops on you, and when they show up, you can tell them you have permission.

The foregoing doesn't make sense, but as one who makes his living out there, that's how I see it.
 

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