Indy , you're wrong . I know you're Astros friend and all and it seems like you had to put your two cents worth in to validate what was said and I can appreciate that. That's what friends do. I live on the Saluda river and a state road bridge adjoins my property . State right of way goes 40 feet from center line of the bridge , both sides and 40 feet from each end of the bridge.. And it is considered public access . Legally I can't make anyone leave. I've called the cops on rowdy folks partying and have been informed with it being DOT right of way there's nothing I can do. I'm sorry you and Astro have had problems with people causing you to lose some of you private spots.
You may not have felt he was chastising but several other guys did and didn't want to say anything to the You Tube Video Prospecting Stars. Me, I could give a crap less who you are. If you are wrong, you're wrong. Now I hope I haven't pusses anyone off but if I have we can talk about it. I'm really not hard to get along with. ;-)
I thought I might want to chime in here. Let me state first that I am not an attorney, and my following opinion statements are my only opinion; they should not be considered legal advice or counsel. Please seek the advice of a licensed attorney in your area for advice on legal matters...
Sorry, Foothills Gold, you got this one wrong. The officer misinformed you. I own several properties and have worked for several attorneys in criminal, property, civil, etc genres (Criminal court and jail is where some of the folks taking your ill informed advice might find themselves), (HWY Right of Ways DO NOT make personal property legal to prospect! The owner of that property owns it Period only a right of way is granted. You Mention an access point (If I owned your property I'd seek any Easements granted from the State) Also, the officers you spoke with regarding the partying trespassers were dead wrong. You could easily have gone to the local Magistrate to secure arrest warrants (I'm not knocking officers, but the truth is most don't have a clue about law, they serve and protect, but very few understand their own rights much less yours). Often times officers don't know whether a matter is civil or criminal, and they won't take action unless they are sure (or at least they shouldn't) However misinforming you as if they knew the law was wrong, and that particular officer could benefit from additional training. My Daughter is a Judge and her husband is a police officer (makes for some funny squabbles)
Most folks don't realize that PBRP (Park by road prospecting) is criminally illegal in most areas East of the Mississippi, for instance in South Carolina. But it is. Property owners can, and will prosecute not only for trespass, but also for obtaining non ferrous metals unlawfully, theft, etc. I'm providing three sections of the SC Code of Laws for your review. (PBR) prospectors may find themselves charged this way, along with other criminal charges that one may face (But I don't want to turn this into a novel ;-)). I don't care how good intentioned the folks giving advice are, if you PBRP/trespass you are, in most cases, committing a crime in South Carolina. Property owners are sick of trespassers, litterbugs and thieves, so even a good guy/gal who has mistakenly taken bad advice could end up in the hoosgow. Ignorance is no exception to the law. Please don't prospect without permission. I wish you heavy Pans, but do it the right way.
There are folks that say on this forum that you can park at a bridge and prospect in what they call the right of way of roads.... They are wrong. Somebody owns that land and road rights of way do not give anyone a right to their property, a HWY right of way affords others the right to pass through, thats all. Don't risk it. GET PERMISSION!
Here are three good reasons to get permission before you trespass on private property (BTW taking anything without the owner's consent is theft another charge, littering another charge...... don't do it)
1: (It gets better/worse. I believe this refers to private property that isn't posted)
SECTION 16-11-610. Entry on another's lands for various purposes without permission.
Any person entering upon the lands of another for the purpose of hunting, fishing, trapping, netting; for gathering fruit, wild flowers, cultivated flowers, shrubbery, straw, turf, vegetables or herbs; or for cutting timber on such land, without the consent of the owner or manager, shall be deemed guilty of a misdemeanor and upon conviction shall, for a first offense, be fined not more than two hundred dollars or imprisoned for not more than thirty days, for a second offense, be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days and, for a third or subsequent offense, be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than six months or both. A first or second offense prosecution resulting in a conviction shall be reported by the magistrate or city recorder hearing the case to the communications and records division of the South Carolina Law Enforcement Division which shall keep a record of such conviction so that any law enforcement agency may inquire into whether or not a defendant has a prior record. Only those offenses which occurred within a period of ten years, including and immediately preceding the date of the last offense, shall constitute prior offenses within the meaning of this section.
HISTORY: 1962 Code Section 16-387; 1952 Code Section 16-387; 1942 Code Section 1191; 1932 Code Section 1191; Cr. C. '22 Section 82; Cr. C. '12 Section 242; 1905 (24) 906; 1927 (35) 377; 1979 Act No. 62 Section 1.
2: (This uses broad terminology)
SECTION 16-11-520. Malicious injury to tree, house, outside fence, or fixture; trespass upon real property.
(A) It is unlawful for a person to wilfully and maliciously cut, mutilate, deface, or otherwise injure a tree, house, outside fence, or fixture of another
or commit any other trespass upon real property of another.
(B) A person who violates the provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the injury to the property or the property loss is worth ten thousand dollars or more;
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the injury to the property or the property loss is worth more than two thousand dollars but less than ten thousand dollars;
(3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the injury to the property or the property loss is worth two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days, or both.
HISTORY: 1962 Code Section 16-382; 1952 Code Section 16-382; 1942 Code Section 1184; 1932 Code Section 1184; Cr. C. '22 Section 74; Cr. C. '12 Section 223; Cr. C. '02 Section 171; G. S. 2501; R. S. 166; 1857 (12) 605; 1892 (21) 93; 1893 (21) 411; 1894 (21) 824; 1935 (39) 262; 1964 (53) 1724; 1981 Act No. 76, Section 2; 1993 Act No. 171, Section 4; 1993 Act No. 184, Section 105; 1998 Act No. 272, Section 2; 2010 Act No. 273, Section 16.B, eff June 2, 2010.
3: (this can be a misdemeanor or a felony)
SECTION 16-11-523. Obtaining nonferrous metals unlawfully; disruption of communication or electrical service.
(A) For purposes of this section, "nonferrous metals" means metals not containing significant quantities of iron or steel, including, but not limited to, copper wire, copper clad steel wire, copper pipe, copper bars, copper sheeting, aluminum other than aluminum cans, a product that is a mixture of aluminum and copper, catalytic converters, lead-acid batteries, steel propane gas tanks, and stainless steel beer kegs or containers.
(B) It is unlawful for a person to wilfully and maliciously cut, mutilate, deface, or otherwise injure any personal or real property, including any fixtures or improvements, for the purpose of obtaining nonferrous metals in any amount.
(C) A person who violates a provision of this section is guilty of a:
(1) misdemeanor, and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both, if the direct injury to the property, the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss, including fixtures or improvements, is less than five thousand dollars; or
(2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the direct injury to the property, the amount of loss in value to the property, the amount of repairs necessary to return the property to its condition before the act, or the property loss, including fixtures or improvements, is five thousand dollars or more.
(D)(1) A person who violates the provisions of this section and the violation results in great bodily injury to another person is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years. For purposes of this subsection, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(2) A person who violates the provisions of this section and the violation results in the death of another person is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years.
(E) A person who violates the provisions of this section and the violation results in disruption of communication or electrical service to critical infrastructure or more than ten customers of the communication or electrical service is guilty of a misdemeanor, and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
(F) If a person is convicted of violating the provisions of this section and the person has been issued a permit pursuant to Section 16-17-680, the permit must be revoked.
(G)(1) A public or private owner of personal or real property is not civilly liable to a person who is injured during the theft or attempted theft, by the person or a third party, of nonferrous metals in any amount.
(2) A public or private owner of personal or real property is not civilly liable for a person's injuries caused by a dangerous condition created as a result of the theft or attempted theft of nonferrous metals in any amount, of the owner when the owner of personal or real property did not know and could not have reasonably known of the dangerous condition.
(3) This subsection does not create or impose a duty of care upon a owner of personal or real property that would not otherwise exist under common law.
HISTORY: 2008 Act No. 260, Section 2, eff June 4, 2008; 2009 Act No. 26, Section 1, eff June 2, 2009; 2010 Act No. 273, Section 16.C, eff June 2, 2010; 2011 Act No. 68, Section 1, eff August 17, 2011; 2012 Act No. 242, Section 1, eff December 15, 2012.
Just say'n.... Do it right and legally, or find another hobby folks. Astrobouncer and Indyme2 seem to know their stuff. A good rule of thumb might be (don't do anything they wouldn't do). Stay Out of Trouble and go find some gold---- You can do both.
, lot of prospecting went by , not manny pictures 
