Is this considered public or private property (pic)

[pbp]

 

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[bc5391]

Easement, owner of property pays taxes and is required to maintain , but anyone can use.(city can dig up at anytime, dogs can do their business there, you can metal detect.)

 

[Rawhide]

Always a sore subject with me. I consider a street tear out or new construction fair game when they put in sidewalks next to 100 year old curbs. But ten feet of a house is just a conscious decision to me. Just too many other places to hunt besides a 1970 or newer construction. Try to get some city plat maps from the early 1900's, or some topo maps from the 1950's. That will put you on the silver and older stuff. To be honest though, from that picture you cloud dig and no one would notice.

 

[Tom_in_CA]

I would do it

 

[Mackaydon]

Ask the city to replace the sidewalk; and in that process MD when they tear up the existing concrete.
Don.,

 

[Charlie P. (NY)]

Check with your city. Not all ordinances are the same (and some city's may have contradictory ordinances).

The local police will remove you if the property owner complains. "Landscaping" may be defined as not allowing holes to be dug in the verge/strip. The city owns the street, as well, and you need a permit to dig that up. May be the same for the curb in your town.

Just because the city has an easement does not mean the property owner has no rights.

When in doubt, ask.

 

[pbp]

Thank you. What you don't see in the picture is an old 1940s – 1950s hospital and a very nice home built in the early 1900s which made These smaller areas more attractive to detect. But being relatively new wanted to get some other opinions.

 

[Philvis]

No one questions someone wearing an orange vest and a hard hat!

 

[No gold in NY]

If you are wearing your hard hat and vest and anyone questions you, tell them you are locating old water shut off valves.

 

[pbp]

No one questions someone wearing an orange vest and a hard hat!

 

[Honest Samuel]

A new sidewalk is needed.

 

[Loco-Digger]

Be true to you. I personally do not hunt curb strips in front of occupied homes, without permission. How would you feel if you walked out your front door and saw someone detecting your curb strip? Just because it is legal, does not make it the right thing to do. Now if the property is abandoned or vacant, than help yourself.

 

[Tom_in_CA]

....When in doubt, ask.

When in doubt, wear an orange vest and hard-hat

(according to No-gold in NY and Philvis. I didn't say it )

 

[johnwon2]

It depends where you are whether it's an easement or city property. I am a contractor and in some jurisdictions the person owns the property to the road curb and has a utility easement and in others, the city owns everything from the backside of the sidewalk or utility poles to the street. We always check the county GIS maps before digging to install signs to ensure that we have the proper setbacks behind the property line as to avoid the property owner getting a citation. The other thing that you need to be aware of is your requirements to dig in those areas. For example, Florida has laws that you need to call in for utility locates before digging. If you're digging on the beach or someplace not likely to have underground utilities, they don't bother you normally, but if you are digging in the areas designated for utilities, they will periodically pull over and ask for your locate number from Sunshine 811 here and if you don't have one, you get fined. They don't care if it's a shovel or post hole diggers if you're digging 12" down. Just my experiences owning a sign company for many years and how we've been harassed for some of the simplest things in the utility easements between the road and sidewalk.

 

[Tom_in_CA]

.... For example, Florida has laws that you need to call in for utility locates before digging. If you're digging on the beach or someplace not likely to have underground utilities, they don't bother you normally, ....

Johnwon2 : It doesn't matter if they "don't bother you". The law is still the law. So you need to call everytime you get a beep on your detector, before you dig. You wouldn't want to be less-than law-abiding, would you ?

We have a "call before you dig" law here in CA too. Naturally, it's for deep trenching, utilities, heavy equipment tractors, etc.... But if you read closely, there is no mention made of "how deep". It merely says "all digging".

Believe it or not, this was the justification reason given a park hunter once, who had showed up at park's dept. @ his city hall for , looking for an Ok to hunt the city parks. The question got bandied around to several desks, before eventually someone showed the guy a pamphlet from the utility Co, titled "Call before you dig" . It had a pix of a back hoe on the front, with a 3 digit # to call. The fellow busted up laughing because it was plain to see that that was talking about deep excavations . So he objected telling them: "But I'm only going to be digging 6 inches, not 6 ft !" . So the city person reviewed the pamphlet more. And stood her ground noting that there was no mention of depth of hole. Just said "all digging". Doh!

This subject has come up on the forums before. And someone's mentioned that certain fiber optic lines could be a little as a foot deep ?

Ok, let's have a show of hands: How many of you are now racked with guilt ? And will thus start calling the 3 digit # whenever you dig now ?

 

[trdking]

Im with Loco. I always ask. and I ignore the strips where the owner manicures them. Most of the time I get a permission on one strip and people come out and say I wonder what is in my strip. Then say well Yoou are next lets see.

 

[Madmox]

I can tell you from personal experience that buried utilities do tend to get shallower over time. It’s not wholly uncommon to end up with a gas line that was buried 36” deep 40 years ago to end up less than a foot under ground. I have even seen some break the surface. And trust me. The last thing you want is to puncture a 60 psi gas service or knick a buried electric service. Not to mention the bill you get stuck with if they have to come out and emergency fix a gas service on that was severed is truly unholy. You get charged for the time, materials, and all the gas that blows down till they can get it shut down. Thousands and thousands of dollars. This is coming from someone that works for a utility company dealing with such shenanigans. 811 is inconvenient but NEVER a ridiculous idea.

 

[Clay Diggins]

No one questions someone wearing an orange vest and a hard hat!

Maybe in Virgina but out here in the desert if I see you around my neighborhood in that get up myself and my neighbors are going to ask some pointed questions and insist on some ID before we decide which mine shaft to dump your carcass down.

There are large cultural and legal differences wherever you go. In some places a smile and a beer will get you what you think you want and in other places you will get arrested for even looking like you are going to detect.

Broad and unsubstantiated assumptions get more explorers in trouble than a simple ask. If it's not yours then ask. It's simple, straightforward and the very basis of civilized society. The United States was founded on the principles of private ownership of property. Assuming things that aren't yours can be yours for the taking is considered theft in every civilized country - no matter what you are wearing.

Wear a clown suit or an orange vest if you want but the simple fact you don't live in a State that considers it legal and proper to injure and detain trespassers doesn't change the moral, legal or social implications of taking things that clearly don't belong to you.

I've been exploring for 48 years now and my most successful finds have been with the knowledge and consent of the property owners. Members of the general public do not own public property but in many cases they do have a right to enjoy that property within limits.

An easement is a nonpossessory interest in another's land that entitles the holder only to the right to use such land in the specified manner.

Although easements and rights of way are sometimes owned by the public the general public has no right to the property found on those easements. It is long established law that the owner of the underlying servitude (property) is the owner of any found objects no matter how they were found or what color clothes the finder was wearing.

 

[pepperj]

Wearing a orange vest, putting out caution cones works in the urban landscape. Out in the rural areas it's a BIG RED LOOK AT ME flag for everyone to be asking questions. Blend in, don't be putting up a huge LOOK AT ME I'M DOING SOMETHING IMPORTANT impression. I had to even ask a buddy not to wear the wear on my permissions as it causes a folks to be asking questions on the permissions. There's no reason to be wearing a hard hat-then again how the heck does one wear headphones under a turtle shell? Why wear a red vest? The only reason is one is detecting on property in the first place.
Personally I like the black and white no grey areas when it comes to detecting-I always love the time digging in the dirt and not looking over the shoulder at who is going to ask "What are you doing digging here?"

 

[Philvis]

Maybe in Virgina but out here in the desert if I see you around my neighborhood in that get up myself and my neighbors are going to ask some pointed questions and insist on some ID before we decide which mine shaft to dump your carcass down.

There are large cultural and legal differences wherever you go. In some places a smile and a beer will get you what you think you want and in other places you will get arrested for even looking like you are going to detect.

Broad and unsubstantiated assumptions get more explorers in trouble than a simple ask. If it's not yours then ask. It's simple, straightforward and the very basis of civilized society. The United States was founded on the principles of private ownership of property. Assuming things that aren't yours can be yours for the taking is considered theft in every civilized country - no matter what you are wearing.

Wear a clown suit or an orange vest if you want but the simple fact you don't live in a State that considers it legal and proper to injure and detain trespassers doesn't change the moral, legal or social implications of taking things that clearly don't belong to you.

I've been exploring for 48 years now and my most successful finds have been with the knowledge and consent of the property owners. Members of the general public do not own public property but in many cases they do have a right to enjoy that property within limits.

An easement is a nonpossessory interest in another's land that entitles the holder only to the right to use such land in the specified manner.

Although easements and rights of way are sometimes owned by the public the general public has no right to the property found on those easements. It is long established law that the owner of the underlying servitude (property) is the owner of any found objects no matter how they were found or what color clothes the finder was wearing.

Haha, my comment was in jest. I surely hope someone didn't feel that was real advice.