Curbside Broadways -- Who to contact to determine legality?

[DetectorBase]

Hello

The way I've understood it, is that the area between the sidewalk and the street is 'public' and is city owned. I also understand that depending on state/city laws this can be true or false.

I know this can cause a debate, since that strip of grass is often maintained by the homeowner, so there is some 'ownership' here... so I can see homeowners being upset when they see a guy/gal digging a hole there.

What I'm wondering is.. who should I contact to determine this in various cities in my state? Is there a specific department to ask this question?

What I'd like to do is know the specific regulation/law for my area so I can be prepared when someone asks if this is legal or not. If it's legal, I plan to only work areas that are obviously unkept (dirt broadway for example) to avoid causing distress to the owner.

Any advice is greatly appreciated!!!!

DB

 

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[EDDE]

go to the city works/street dept
then the ordinance folks
then the cops
then home owner
somewhere along the line they will tell you what you want to know

 

[hollowpointred]

i know that the sidewalk strips are considered public areas, but i don't have the balls to just start diggin in front of someones house without their OK. but thats just me. I'm sure like DeKalb said, one of those sources should be able to hook you up.

 

[Jeffro]

Go straight to the homeowner.

 

[Mr. Mojo]

Re: Street Right Of Way

The Town, Borough, or Township would know the street right of way width. Usually but not always measure from centerline, which often ends at the edge of side walk closest to house. There may be times when this is not the case. MD along the edge of sidewalk with no descrim to detect iron pins at corners. Sometime sidewalk has steel reinforcement making this difficult. Many homeowners do not know this and would claim to the street. Offer to look for their corners, but not to perform a survey.

 

[bazinga]

I have been wondering this myself.

One of my older hunting buddies said he has done this in the past without any issues and has pulled some seated coins from older neighborhoods.

Everyone says ask the homeowner, but that is a bit much considering how little there is to hunt in most places. Most spots around here are about a half swing between the road and sidewalk and you could cover the entire portion in front of their house in a matter of minutes. Seems like a lot of effort to ask every homeowner on every block.

 

[Jeffro]

Must be different in different areas. Here, the curb and sidewalk are generally 3 to 4 feet apart, and in the older neighborhoods the lots are big. Plus, the homeowner is the one who winds up taking care of that particular stretch of land, so I ask them.

I know the city actually owns it, as an easement, but they could really care less unless they are getting ready to expand the street. So I go to the homeowner.

Some areas here have little islands in the middle of the street with grass and trees in them. I generally don't ask homeowners to do these, I figure my city permit covers it. they are mentioned on the permit.

 

[bazinga]

Must be different in different areas. Here, the curb and sidewalk are generally 3 to 4 feet apart, and in the older neighborhoods the lots are big. Plus, the homeowner is the one who winds up taking care of that particular stretch of land, so I ask them.

I know the city actually owns it, as an easement, but they could really care less unless they are getting ready to expand the street. So I go to the homeowner.

Some areas here have little islands in the middle of the street with grass and trees in them. I generally don't ask homeowners to do these, I figure my city permit covers it. they are mentioned on the permit.

Yeah, the size really depends what town you are in. Most of them in my town are between 2-5 feet. Some towns I go to are 10-20 feet between the road and sidewalk. There is one stretch of road in a small town I plan on hitting this summer... Old houses and still has the original brick road... looks beautiful to me!

 

[nc-joe]

Funny how the city owns the side walk and the grass between the side walk and road, but if you don't cut the grass or shovel the snow you can bet they will fine you.

 

[teverly]

Contact the city administrator in the city or town you wish to hunt.
They can either tell you if the own the right of way,which generally is the case,and they can tell you if there are any laws or rules about detecting.
I had a lady call the cops on me once when i was about a block and a half away from a school.The officer that showed up had seen me around detecting so he knew me.He came up and talked to me and when i told him i would leave he said you dont have to go you are not breaking any laws.The lady that called had said i was down by the school watching the kids on the play ground!!!!!
I wasnt even close to the school and the playground was around behind the building.
The officer said when he got the call he figured it was me and he knew i had checked before i hunted and that i never hunted curbs near the schools except on weekends....he said have a nice day and good luck....

 

[Ant]

This topic can and sometimes does differ from city to city. But for the most part, the sidewalk and parking strip are on an Easement. The responsibility to maintain this Easement usually falls under the property owner now days.

I only hunt them when they're under construction and if knowone occupies the residences in front of them. I know of people that don't care, and detect them even if someone lives there. But they use construction vest and helmets. Ask yourself this. How would you feel with some strange dude digging in the front of your house?

If it's a business, I don't ask.

 

[skydiv]

in my city if you measure your lot from the rear to the front you will be standing in the center of the street. thats why i have to cut the grass and the city paves the road.

 

[LEOJ]

(QUOTE)
"Everyone says ask the homeowner, but that is a bit much considering how little there is to hunt in most places."

In this area, the city does own what they call "planting strips."
My research has shown that there are no laws (in my area) against metal detecting in these strips. But since most property owners maintain the area, they kind of get possessive of it.

I've contacted code enforcement and let them know what I was doing. All they said is: if there's conflict, just move on. They don't want to get a call about it from the property owner.

So as far as "being a bit much." Asking permission is just the right and respectful thing to do in my opinion.