Ghost Towns... Legality?

[phxAZ]

Hi,

There are many ghost towns in Arizona, and obviously it would be a dream to MD these. However, I realize there are laws that protect certain sites. All my reading has given me mixed info on ghost towns. Also, I thought currency hunting was always fair game, and laws only apply to pre-100 year old artifacts?

However, on a website that lists ghost towns they say:
"It might be good to point out here that there are federal and state laws governing "ghost towning". Federal law states an individual can be imprisoned and fined for so much as digging a small hole or removing anything at an archaeological site. Unfortunately this rules out all metal detecting. The only thing you can legally take at a ghost town is pictures! "

Question... is blanket statement actually fact, or merely a blanket statement to discourage MD'ing?

Secondly, for each site, they list "Legal: XYZ"... some of the sites "Legal:" indication appear to be codes of sort (which I am going to search for), but others list only a number. ie: "Legal: 1" or "Legal: 4". What do these mean?

And lastly, and AZ'ers have any specific knowledge of the laws (particularly state) regarding ghost towns?

Thanks!

 

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[phxAZ]

I think the "Legal Info:" part I was wondering about is not the legal status of the site, but the legal plot info.

Now, I've examined the fed's laws in brief... it still seems fuzzy to me for ghost towns. I would assume if they are in the national register for historic places, then I *think* detecting would be a no-no, even coins?

Our state laws explicitly say coins, bottles and arrowheads are exempt. They basically say two things... one, you cannot disturb/excavate ANYTHING that is a prehistoric or historic ruin, but the language seems to lend it to what you would more or less expect (Indian ruins, ancient ruins, battlefields,etc), and not abadoned buildings, mines or ghost towns. The second part identifies with collecting, and specimans must be within 100 years old, or it is illegal.


Well... since no MD'ing is allowed on state trust land in AZ, and most of these sites are on what I believe would then fall under fed land (or at least fed managed) handled by USFS and BLM, the fed regulations would apply (and supercede) the state law? Let me know if this correct, or just give me the real down low on ghost towns, abandoned buildings (on public land) and abondoned mines (no claims).

Thanks for clearing this up. I want to MD within the laws of the land and don't need any hefty fines or jail time.

 

[phxAZ]

Oh, and here is what's on the books for AZ if anyone wants to comment on my interpretation.
-----------------------------------
41-841. Archaeological and vertebrate paleontological discoveries

A. On lands owned or controlled by this state or any agency of this state a person shall not knowingly excavate in or upon any historic or prehistoric ruin, burial ground, archaeological or vertebrate paleontological site, or site including fossilized footprints, inscriptions made by human agency or any other archaeological, paleontological or historical feature, except when acting as a duly authorized agent of an institution or corporation referred to in section 41-842.

B. On lands owned or controlled by this state or any agency of this state a person shall not knowingly collect any archaeological specimen or vertebrate paleontological specimen without obtaining a permit authorizing the activity as provided under section 41-842. For the purpose of this subsection, "archaeological specimen" means any item resulting from past human life or activities which is at least one hundred years old including petroglyphs, pictographs, paintings, pottery, tools, ornaments, jewelry, textiles, ceremonial objects, weapons, armaments, vessels, ships, vehicles and human skeletal remains.

Archaeological specimen does not include arrowheads, coins or bottles.
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[bazinga]

If you know of any ghost towns go to the town hall and check the plat map. See who owns that land now. If it is privately owned then give the owner a call and ask away.

If it is government owned then I would ask the governing county's law enforcement what is allowed and not allowed.

 

[Gypsy Heart]

I agree with bscofield6. If the land is private property,its much easier to get permission from the land owner than a state owned property. Because I am dealing with one person,not an entire committee. But one thing to remember, its just like dealing with forts and historic sites. The state may own the actual site,which doesnt encompass very much property, and the surrounding area is privately owned.