creek hunters rights

[mad.co.walker]

I HAVE A POST IN THE INDIAN ARTIFACTS FORUM BUT THOUGHT ID TRY HERE. WHAT ARE THE LEGAL RIGHTS FOR CREEK WALKERS LOOKING FOR ARTIFACTS WHEN THERE ARE NO SIGNS POSTED.? THANKS. STEVE FROM ILLINOIS.

 

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[Tom_in_CA]

I haven't read your post in the indian section, but I'll take a stab here: Wouldn't it depend on who owns the creek? Because unless the "creek" is navigable waters (ie.: big enough for boats to navigate up and down for purposes of travel), then the waters and shores can all be private property (unless it's some sort of public park's creek).

The way I understand it, a navigable river (at least out in the water, and up to the high-water mark), is considered public access. Now, of course, then someone might argue that a state's of federal law says something about collecting or whatever. But ...... that's a different subject

So you need to be specific, on who the entity is, who borders the creek you have in mind. If it's private, and you have permission, then I say you can collect till your heart's content. If it's public land, then you'd have to check the rules of the city, county, state, or fed, who owns that beach-side. But this is a downward slope, because if you look long enough, and hard enough, in ANY public entity, and morph things hard enough, I'm sure we can all find things that say you can't even pick your own nose.

Here's an example of the psychology, of "no one caring, until you ask", when it comes to public lands:

http://forum.treasurenet.com/index.php/topic,249049.0.html

 

[mad.co.walker]

I haven't read your post in the indian section, but I'll take a stab here: Wouldn't it depend on who owns the creek? Because unless the "creek" is navigable waters (ie.: big enough for boats to navigate up and down for purposes of travel), then the waters and shores can all be private property (unless it's some sort of public park's creek).

The way I understand it, a navigable river (at least out in the water, and up to the high-water mark), is considered public access. Now, of course, then someone might argue that a state's of federal law says something about collecting or whatever. But ...... that's a different subject

So you need to be specific, on who the entity is, who borders the creek you have in mind. If it's private, and you have permission, then I say you can collect till your heart's content. If it's public land, then you'd have to check the rules of the city, county, state, or fed, who owns that beach-side. But this is a downward slope, because if you look long enough, and hard enough, in ANY public entity, and morph things hard enough, I'm sure we can all find things that say you can't even pick your own nose.

Here's an example of the psychology, of "no one caring, until you ask", when it comes to public lands:

http://forum.treasurenet.com/index.php/topic,249049.0.html

thanks ill let you read all the posts in the indian artifact forum so i wont keep repeating myself. hows the weather there. DO NOT ASK HERE. ITS TERRIBLE