Legal Question
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  1. #1
    us
    Sep 2006
    N.W.A.
    Tesoro - Cortez Minelab SE
    1,116
    16 times
    Banner Finds (1)

    Legal Question

    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.
    I noticed that no-one really utilizes all the signature space provided, so I figured to be REALLY original I would make up the longest signature that I could and probably just leave it as one big run on sentence because all that punctuation just takes up way too much space-HH.

  2. #2
    us
    PJ

    Mar 2007
    EXPLORER SE and an ACE 250
    147

    Re: Legal Question

    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
    I quit detecting in the 70's to raise my children. Wish I had never quit.

  3. #3
    us
    Sep 2006
    N.W.A.
    Tesoro - Cortez Minelab SE
    1,116
    16 times
    Banner Finds (1)

    Re: Legal Question

    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.
    I noticed that no-one really utilizes all the signature space provided, so I figured to be REALLY original I would make up the longest signature that I could and probably just leave it as one big run on sentence because all that punctuation just takes up way too much space-HH.

  4. #4
    us
    Apr 2009
    354
    17 times

    Re: Legal Question

    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.

    http://forum.treasurenet.com/index.p...,263720.0.html



  5. #5
    us
    Apr 2006
    northeast Wisconsin
    Fisher CZ3D, BH Discovery 3300
    890
    22 times

    Re: Legal Question

    Quote Originally Posted by gold fish
    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'

    Yup. The end of a way of life. Too bad. It's a good way. Wagons forward! Yo!

  6. #6
    us
    onfire

    Nov 2004
    Wisconsin
    250 2500
    2,678
    1334 times
    All Types Of Treasure Hunting

    Re: Legal Question

    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??

  7. #7
    us
    Jan 2008
    Black Hills of South Dakota
    Tesoro Lobo & Garrett Stinger
    4,348
    389 times
    All Types Of Treasure Hunting

    Re: Legal Question

    What is a tree bank? The area between sidewalk and road?

    B
    "Irony is the rule"

  8. #8
    us
    Apr 2006
    northeast Wisconsin
    Fisher CZ3D, BH Discovery 3300
    890
    22 times

    Re: Legal Question

    Quote Originally Posted by mrs.oroblanco
    What is a tree bank? The area between sidewalk and road?

    B
    Yep.

    Diggem'

    Yup. The end of a way of life. Too bad. It's a good way. Wagons forward! Yo!

  9. #9
    us
    May 2008
    Wisconsin
    Teknetics T2SE, GARRETT GTI 2500, Garrett Infinium
    3,232
    883 times
    All Types Of Treasure Hunting

    Re: Legal Question

    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.
    "A casual stroll through the lunatic asylum shows that faith does not prove anything." — Friedrich Nietzsche

    "You ask where I live. I cannot tell you. I am a Voyageur, a Chicot, sir. I live everywhere. My grandfather was a voyageur; he died while on a voyage. My father was a voyageur; he died while on a voyage. I will also die while en route, and another Chicot will take my place. Such is our course of life."

 

 

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