Treasure hunting laws in Texas?

[nachos10]

Im saving up to get a new detector and I wanted to know the laws before going out to hunt. So I went online but I couldnt find the exact laws. Can someone please help me out with this and post a link which states the laws? thanks.

 

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[Tom_in_CA]

nachos, you need to be more specific. What TYPE of land, within "Texas" ? There's federal, state, county, city, and private land. And even within each of those, is various sub-categories. For example, not all state land is state PARK land. There's also road-right-of-ways, utilities, etc... And so on, and so forth.

But in-so-far as it concerns each state's parks, there's this oft-time referred to compendium:

Federation of Metal Detector & Archaeological Clubs Inc.

Notice that Texas has a fat "no" in their column However, I assure you, there's plenty of detecting going on in Texas. Maybe not in state parks, but all sorts of other places. And to be honest with you, I even have my doubts about charts like this. Because do you know how someone, way-back-when came up with such lists? They asked. Sounds reasonable enough, eh? And then simply put the answers in alphabetic order state-by-state. What better way then to simply call or write state capitols themselves, eh? Who better to ask, right?

But curiously, prior to such lists making the rounds (starting in the mid 1980s with Grimm's book "Treasure Laws of the United States"), a lot of those states with dire sounding verbage, or out-right nows, had never been a problem (assuming you weren't snooping around obvious sacred sensitive historic monuments). See how that works ? Whomever is tasked with answering such an inquiry, gives the "safe" answer, and morphs existing cultural heritage or "disturbing" or "collecting" type verbage, to tell you "no". So when such lists started making the rounds, you had old-timers scratching their heads saying "since when ?". So I have no doubt that in some of those states, you can still hunt state parks. Perhaps on beaches/ Or so long as you're not snooping on sacred sights, etc...

Rarely are there any specific laws (ie.: "no metal detecting") at city or county levels. But if you're skittish and want to know, look them up for yourself. City and county codes, laws, rules must be published somewhere, for public viewing. (the website, or at the counter in binder form, etc...). If you see nothing saying "no metal detectors", then presto, it must not be prohibited.

 

[Ripsaw]

What you are asking about is the so called state's code, or annotated code, with all the statutes listed in it nacho. Have you read my post ? There are no laws about metal detecting anywhere, they are statutes, and statutes are not laws.

Use your head when detecting, don't trespass on the land of another or do any damage, and do what you want. If anyone challenges you about it, ask them for proof their code or statute applies to you before attacking you further. They have no proof. After that, it is just an attack, which is an assault and battery and is illegal. A real crime.

I don't give legal advice, only opinions, which is exactly what statutes are,...... opinions backed by a gun.

Force is wrong and is not government, you may only be governed by consent, so all force is done by men and women like you and me. Don't let anyone get away with using force against you, it is wrong and illegal, and can be shown or demonstrated in court. Always try to carry a recording device with you and record any interactions with the clowns in costumes carrying guns, when they approach you. Good luck and good detecting.

 

[srcdco]

Keep in mind that there are other laws that can be applied (and sometimes are). Last summer, a person I know was arrested in Monroe County, NY in one of the parks for destruction to plants and grass in the park. We even have a letter from the Monroe County parks department giving us permission to metal detect in all parks, with the exception of golf courses and cemeteries. When he got to court, he showed the judge the permission letter. He was still fined $50 because, as the judge said, the letter gave him permission to metal detect, but said nothing about digging.

Scott

 

[Ripsaw]

Keep in mind that there are other laws that can be applied (and sometimes are). Last summer, a person I know was arrested in Monroe County, NY in one of the parks for destruction to plants and grass in the park. We even have a letter from the Monroe County parks department giving us permission to metal detect in all parks, with the exception of golf courses and cemeteries. When he got to court, he showed the judge the permission letter. He was still fined $50 because, as the judge said, the letter gave him permission to metal detect, but said nothing about digging.

Scott

While that is absolutely true and the court "applied" the law to him, if he had asked for "proof that the law applied"....ehh, not so much proof there. They would not be able to demonstrate that in court,...... it is because they say so....by force alone.

There is a standing $5,000.00 reward out for anyone that can present evidence, that any law, statute, code, or constitution applies to anyone. I have made federal prosecutors, judges, and many others, aware of this reward too....you would think that someone would have collected by now.... huh ? Some of the smartest people on the planet have tried, but nobody has done it yet....why ? Because there is no proof. The reward may be collected when empirical proof is presented to the NSP radio program...... Good luck.....a real treasure hunt ! Sorta fashioned after the still unclaimed $50,000.00 reward, for proof there is any income tax on labor or wages.

 

[Tom_in_CA]

reply

Keep in mind that there are other laws that can be applied (and sometimes are). Last summer, a person I know was arrested in Monroe County, NY in one of the parks for destruction to plants and grass in the park. We even have a letter from the Monroe County parks department giving us permission to metal detect in all parks, with the exception of golf courses and cemeteries. When he got to court, he showed the judge the permission letter. He was still fined $50 because, as the judge said, the letter gave him permission to metal detect, but said nothing about digging.

Scott

Ripsaw, your stuff is sounding strangely "conspiratorial" and akin to jail-house-lawyer talk.

Ok, Scott, to adress what you're saying: There are no doubt odd-ball stories like this, where ancillary verbage gets applied to us. Heck, and in THIS case, you even had "permission" . Ok, so what are we to infer from your story ? Is there now going to be some md'rs who read such a thing, and think: "Aha, it's not enough to have permission to md in my city's parks, but I must also ask them 'And can I dig?' " Oh joy. If that's not the fastest way to get a "yes" turned to a "no", I don't know what is.

So here's what I have to say about this $50 ticket for "destruction to plants and grass":

a) I'm surprised if the terminology revovled around "destruction" that the party-who-fought the ticket didn't prevail upon pointing out that nothing was "destructED" Ie.: that no trace or holes or damaged was left, therefore, technically, no breaking of that law. But sure, that's a semantics p*ssing match, yeah yeah

b) Even with all precautions made by us md'rs, and carefulness to avoid busy-body gripers, sure: There will no doubt in this life be stories-of-the extreme. For example, SO TOO might you find stories of a motorist pulled over, roughed up, fined, jails, and confiscation, for nothing but a tail light out. Because sure, over-zealous cops and judges do exist. But does that mean that none of us will ever drive again? No. Of course not. We look at such stories as exceptions, not rules.

c) If "$50" were the fine, then I hate to say it, but .... I'd gladly pay it. And continue on exactly as I've always done. I'd consider that nothing more than the price to pay once in a blue moon for a great hobby. It would not cause me to grovel at each city hall I come to, from here on out. Because if I've gone to 500 city parks in 500 cities, and only had this one anomoly, then I would consider the 499 to be the "norm", and the one to be a well-worth-it exception.

 

[Diggin-N-Dumps]

Where do you live in Texas....only Laws that I go by are the No State Parks/Federal Land.

I can tell you thou...you start asking permission...I can guarantee what they will tell you.

Just use common sense...if you feel like you shouldnt be someone doing it...than maybe you shouldnt.

But the way I look at it...if its ANY place that the public is welcome on weekend..or weekdays ( ballfeilds.schools) Then as long as i cover my tracks...Im there too!

I do hunt alot of Abandoned homes....but NEVER ones that have "For Sale" signs out front....that just means there is an owner.

Most the homes i do have crackheads living inside or sleeping on the porches....so the last thing a cop cares about is my ass out there digging a couple holes

Good Luck man!

 

[nachos10]

Thanks guys! Btw I live in Sugarland, Texas near houston.

 

[Ripsaw]

Pearland is where I met my first wife. We were neighbors...sorta Nacho.

conspiratorial ?.....okay, if it is not conspiratorial, why don't you go collect the five grand or the fifty grand ? I gave you all the information you need to do so, then you could prove it is all some conspiracy theory on my part.....instead of just casting baseless assertions on my character here.

I assure you, I can, and have proven what I write, to be true in court. The only conspiracy here is the fact that the courts try to hide the truth from the common man, that knows nothing about the law, and is the only reason I am here..... to try and inform people and change that. All anyone need do, is every time they tell you something or attack you, question it,... and you too will find it is all complete nonsense and cannot be proven in a court of law.

I will get you an exclusive spot on the radio program to provide your evidence and claim the reward this Saturday if you like. Bring your proof that any law applies to anyone, and I will personally see you get paid. If you can't prove it applies in the first place, you can't prove it was violated, common sense.

Perfect example:
Ask the judge if our laws apply to a foreign dignitary with a diplomatic pouch...he will say no....Then ask him, now that we have determined that the laws "do not apply to everyone" present within the state, like you stated earlier on the record, just because of their physical location, what proof do you have they apply to me or anyone else. Trust me, he can't answer that one.....because there is no proof. Furthermore, stuff rolls downhill and he is not supposed to answer it, the one prosecuting you is, the D.A. The judge does not want to be on this train running downhill and out of control to a crash. He will hand the hot potatoe to the DA and ask him if he has anything, and the DA will say, I got nothing. For the last time, it is because "they say so",.... which is arbitrary.....not proven, not legal, not admissible as evidence, and not fair in court. Case dismissed for lack of evidence proving the applicability of the statute.

"Cart before the horse" as the supreme court cited it.
Step one. Prove the applicability
Step two. Prove it was violated.

They cannot get past step one unless you let them. Therefore, they have no jurisdiction to do or say anything, until jurisdiction is proven with factual evidence.

 

[Clay Diggins]

Are you trying to give away Marc Stevens money Ripsaw? Marc is a nice guy but it's going to take a lot more than one guy on a metal detecting forum to get him to part with his money!

 

[Ripsaw]

No Clay. It is not him putting the reward up, it is one of his associates. But they would like the person claiming the reward with proof, to do it on the show so it may be documented. That is a nice way of saying it will be a great laughable show, because it isn't going to happen. It is like one of those sure bet deals in a bar you hear about for a beer. No way they would offer this money if there was any way for anyone to collect it. These guys are very intelligent. Same thing with the $50 grand reward, no way to collect it because there is no law requiring tax on your labor.

 

[dirtdigginfool]

Pearland is where I met my first wife. We were neighbors...sorta Nacho.

conspiratorial ?.....okay, if it is not conspiratorial, why don't you go collect the five grand or the fifty grand ? I gave you all the information you need to do so, then you could prove it is all some conspiracy theory on my part.....instead of just casting baseless assertions on my character here.

I assure you, I can, and have proven what I write, to be true in court. The only conspiracy here is the fact that the courts try to hide the truth from the common man, that knows nothing about the law, and is the only reason I am here..... to try and inform people and change that. All anyone need do, is every time they tell you something or attack you, question it,... and you too will find it is all complete nonsense and cannot be proven in a court of law.

I will get you an exclusive spot on the radio program to provide your evidence and claim the reward this Saturday if you like. Bring your proof that any law applies to anyone, and I will personally see you get paid. If you can't prove it applies in the first place, you can't prove it was violated, common sense.

Perfect example:
Ask the judge if our laws apply to a foreign dignitary with a diplomatic pouch...he will say no....Then ask him, now that we have determined that the laws "do not apply to everyone" present within the state, like you stated earlier on the record, just because of their physical location, what proof do you have they apply to me or anyone else. Trust me, he can't answer that one.....because there is no proof. Furthermore, stuff rolls downhill and he is not supposed to answer it, the one prosecuting you is, the D.A. The judge does not want to be on this train running downhill and out of control to a crash. He will hand the hot potatoe to the DA and ask him if he has anything, and the DA will say, I got nothing. For the last time, it is because "they say so",.... which is arbitrary.....not proven, not legal, not admissible as evidence, and not fair in court. Case dismissed for lack of evidence proving the applicability of the statute.

"Cart before the horse" as the supreme court cited it.
Step one. Prove the applicability
Step two. Prove it was violated.

They cannot get past step one unless you let them. Therefore, they have no jurisdiction to do or say anything, until jurisdiction is proven with factual evidence.

Again...another runaway thread...the guy simply wanted to know Texas laws regarding MD'ing...and hes getting a (semi) education about something that I'm sure he, or I do not want to hear about. I apologize to the other members, just seems when I see that name pop up, you know whats comin..and it aint good..ddf

 

[Produce Guy]

You can always do school play ground areas, aka-tot-lots.

 

[Tom_in_CA]

reply

You can always do school play ground areas, aka-tot-lots.

what? Are you kidding us? I bet you can find "no's" there too. It's simple: 1) you go into the school district offices across town 2) ask them if you can metal detect those tot-lots at the school. 3) BUT be sure to pepper your request with key buzzwords like "dig", "holes", "treasure" , "liability", "arpa" and "indian bones". [lest you not be fully forthcoming about the implications of your question] 4) then present to them a legal document "search and salvage agreement" for them to sign [afterall, you can't be "too safe", now can you?]

Then sit back and wait for the answer. Only THEN will you know the "exact laws".

Haha, just kidding But heck, you'd think with the tone of some skittish folks on T'net, that this is our actual obligation we have, so as to be in compliance, have everyone's full blessing and permission, etc...